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8.A. - Page 140
<br /> Schedule 1
<br /> 1. Grant of License
<br /> 1.1 City of Redwood City hereby grants to Seller its employees, consultants,
<br /> representatives and contractors a non-exclusive,temporary license to enter the Site for the purpose
<br /> of installation, operation, and maintenance of the applicable Facility or Generating Facilities,
<br /> including commercially reasonable access to,on,over,under and across the Site during reasonable
<br /> business hours, and during non-business hours in the event of any event or circumstance that poses
<br /> an imminent risk to human health,the environment,the applicable Facility or Generating Facilities
<br /> or the Site.
<br /> 1.2 This License is subordinate to all prior or future rights and obligations of the City
<br /> of Redwood City in the Site,except that the City of Redwood City shall grant no rights inconsistent
<br /> with the reasonable exercise by the Seller of its rights under this License.
<br /> 2. Use
<br /> 2.1 Seller may use the Site for the erection, installation, ownership, operation,
<br /> maintenance, repair, replacement, improvement and removal of the Facility or Generating
<br /> Facilities as well as for all other activities to be conducted by Seller in connection with the
<br /> performance of its obligations and exercise of its rights under the Agreement. Seller will comply
<br /> with all laws, ordinances, orders, rules and regulations (state, federal or local), specifically
<br /> including without limitation all environmental and occupational, health and safety requirements
<br /> relating to Seller's use and/or occupancy of the Site and the Facility or Generating Facilities. Seller
<br /> shall confine maintenance and operations activities to the Site or to other portions of the Site as
<br /> may be expressly permitted by Buyer in writing.
<br /> 3. Utilities
<br /> 3.1 Buyer and Seller understand and acknowledge that pursuant to the terms of the
<br /> Agreement, Buyer shall provide certain specified utilities to the Site in connection with Seller's
<br /> construction,start-up,maintenance,repair,replacement and operation of the Facility or Generating
<br /> Facilities. In connection therewith, Seller's use of the Site shall include the non-exclusive right to
<br /> the use of water lines, sewer lines, storm water lines, power lines, fuel lines, telephone and
<br /> communication lines, pipelines, and drainage ditches, if available. Exercise of Seller's license to
<br /> utilize these utilities as set forth herein and in the Agreement shall be subject to Buyer's prior
<br /> written approval which may be withheld should Buyer, in its sole discretion, determine that the
<br /> proposed use will interfere or otherwise adversely impact Buyer systems, operations or activities.
<br /> Buyer shall maintain and repair all utilities up to the delivery points identified in the Agreement,
<br /> and Seller will have the obligation to maintain and repair all utilities, including all pipes, conduits,
<br /> ducts, electric or other utilities, sinks or other apparatus through which any utility services are
<br /> provided, from said delivery points to and then within the Site.
<br /> 4. Maintenance Activities/Seller's Security Obligations
<br /> Schedule 1 Page 12
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