Agmt17 RWC Harbor Communities, LLC

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protect at LICENSEE's sole expense, any and all facilities, improvements, plantings or other property installed or placed on the surface of the City Property by LICENSEE. 8. Sians. Except as authorized under the plans for the Permitted Alterations, LICENSEE shall not place, erect or maintain any sign, advertisement, banner or similar object in, on, or about the City Property without CITY's prior written consent, which shall not be unreasonably withheld. 9. Surrender. Upon the termination of this License, LICENSEE shall surrender the City Property in the same or better condition as received. At such time. LICENSEE shall remove all of its personal property from the City Property and any signs, other structures or improvements permitted hereunder, and shall repair, at its cost, any damage to the City Property caused by such removal. The prior sentence notwithstanding, CITY may, at its sole discretion, choose to allow LICENSEE to leave any or all improvements on the City Property, which remaining improvements will become CITY's property in consideration of the permission given to LICENSEE to leave such improvements. LICENSEE's obligations under this Section shall survive any termination of this License. Notwithstanding anything in this Section 9 to the contrary, the parties agree that all subsurface improvements to the City Property constructed pursuant to the rights granted under this Agreement shall not be removed unless required by the State, a State agency, or State law, or a Federal agency or Federal law. 10. Renair of Damage. If any portion of the City Property or any personal property of CITY located on or about the City Property is damaged or threatened by any of the activities conducted by LICENSEE or anyone acting by or through LICENSEE hereunder, LICENSEE shall immediately, at its sole cost, notify CITY by facsimile or electronic mail of such damage or threat. CITY may. but shall not be obligated, to remedy such damage or threat at LICENSEE's sole cost, or CITY may elect to witness LICENSEE's repair work. In the event CITY elects not to remedy such damage or threat, LICENSEE shall repair any and all such damage and restore the City Property or property to its previous condition subject to CITY's inspection, review and approval. CITY has no responsibility or liability of any kind with respect to any utilities that may be on, in or under the City Property. Subgrade repairs will be at LICENSEE's sole cost. 11. Citv's Rieht to Cure Defaults by Licensee. If LICENSEE fails to perform any of its obligations under this Agreement, or if LICENSEE defaults in the performance of any of its other obligations under this Agreement, then CITY may, at its sole option, remedy such failure for LICENSEE's account and at LICENSEE's expense by providing LICENSEE with thirty (30) days' prior written notice requesting that LICENSEE cure such default or remedy its failure of performance. LICENSEE shall on or before the expiration of such 30 -day notice period, commence necessary actions for such cure or remedy and shall complete such cure within a reasonable time thereafter. In the event LICENSEE fails to complete the cure or remedy within a reasonable time. CITY may provide thirty (30) days written notice to LICENSEE of CITY 's intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by CITY). Such action by CITY shall not be construed as a waiver of any rights or remedies of CITY under this Agreement, and nothing herein shall imply any duty of CITY to do any act that LICENSEE is obligated to perform. LICENSEE shall pay to CITY upon demand, all costs, damages, expenses or liabilities incurred by CITY, including, without limitation, reasonable attorneys', experts' and consultants' fees, in remedying or attempting to remedy such default only Page 6 of 17 REV: 05-01-17 JS ATTY/AGR/2017 074/BLU HARBOR LICENSE AGREEMENT