Agmt17 Board of Trustees of the Leland Stanford University

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demand. The Permittee shall, moreover, at its sole cost and expense, pothole its subsurface Facilities to a depth of 1' below the bottom of its subsurface Facilities within thirty (30) days of receipt of a written request from the City to do so. 2.11 Contractors. Any contractor or subcontractor used for the construction, installation, operation, maintenance or repair of the Facilities must be properly licensed under the laws of the state and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as Permittee would have under this Permit and applicable law if the work were performed by Permittee. Permittee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Permit and applicable law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed. This section is not meant to alter tort liability of Permittee to third parties. ARTICLE III LIMITATIONS AND RESTRICTIONS 3.1 Nothing in this Permit shall be construed as granting or creating any franchise rights. 3.2 This Permit is not a grant by City of any property interest but is made subject and subordinate to the prior and continuing right of City to use the Public Right of Way (including the Subject Premises), including but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroilers, cable television and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in the Public Right of Way. 3.3 This Permit shall not create a vested right of any nature in Permittee to use the Public Right of Way (including the Subject Premises). This Permit is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the Subject Premises, and it is understood that Permittee, at its own cost and expense, shall obtain such permission as may be necessary consistent with any other existing rights. No reference herein to "Public Rights -Of -Way" shall be deemed to be a representation or guarantee by City that its interest or other rights to control the use of such property is sufficient to permit its use for such purposes. It is not a warranty of title or interest in any Public Rights -Of -Way. It does not confer rights other than as expressly provided in the grant hereof, and Permittee shall be deemed to gain only those rights to use as are properly in City and as City may have the undisputed right and power to give. 3.4 This Permit only authorizes Permittee to use the portions of the Subject Premises specifically described in one or more encroachment permits if and when issued by the City. It does not require the City to approve any particular encroachment permit applications, nor does it provide Permittee with any interest in any particular location within the Subject Premises. This Permit shall not be deemed to approve any particular design or installation technique. Certain specific physical design aspects of the REV: 04-14-17 PR Page 3 of 25 ATTY/AG R.2017.084/Stanford