|
y
<br />under this License or at law, including without limitation, the rights set forth in Section 17 (City's Right
<br />to Cure Defaults by Licensee) of this License.
<br />City would not be willing to give this License in the absence of Licensee's assurances under this
<br />Section 13, and Licensee expressly assumes any and all liability or obligations that may arise under this
<br />Section l3.
<br />14. Siens. Except for any pipeline markers required by City or any regulatory agency with
<br />jurisdiction, Licensee shall not place, erect, or maintain any sign, advertisement, banner, or similar object
<br />in, on, or about the License Area without SFPUC's prior written consent, which SFPUC may give or
<br />withhold at its sole discretion; provided, however, that, without SFPUC's prior written consent, if
<br />necessary for Licensee's construction use, Licensee may place in the License Area a temporary sign of
<br />less than thirty (30) days' duration that does not penetrate the ground surface.
<br />15. Surrender. Upon the expiration of this License or within ten (10) days after any sooner
<br />revocation or other termination of this License, Licensee shall surrender the License Area in the same
<br />condition as received, and broom clean, free from hazards, and clear of all debris. At such time, Licensee
<br />shall remove all of its property from the License Area and any signs and, upon City's request, the
<br />Facilities and any other structures or improvements placed on the License Area during the term of this
<br />License, and shall repair, at its cost, any damage to the License Area caused by such removal. Licensee's
<br />obligations under this Section shall survive any termination of this License.
<br />16. ReRair of Damage. If any portion of the License Area or any property of City located on or
<br />about the License Area is damaged or threatened by any of the activities conducted by Licensee or anyone
<br />acting by or through Licensee, at its sole cost, Licensee shall immediately notify City of such damage or
<br />threat by (a) telephoning SFPUC's dispatch operator as specified in Section 31(b) (Notices), and
<br />(b) providing written notice in accordance with Section 31(a) (Notices). City may, but shall not be
<br />obligated to, remedy such damage or threat at Licensee's sole cost, or City may elect to witness
<br />Licensee's repair work. If City elects not to remedy such damage or threat, Licensee shall repair any and
<br />all such damage and restore the License Area or property to its previous condition subject to City's
<br />inspection, review, and approval. City has no responsibility or liability of any kind with respect to any
<br />utilities that may be on, in, or under the License Area. Licensee has the sole responsibility to locate such
<br />utilities and other existing facilities and protect them from damage. Licensee shall be solely responsible
<br />for arranging and paying directly for any utilities or services necessary for its activities pursuant to this
<br />License; provided, Licensee shall obtain City's prior written approval to the provision of such services or
<br />utilities in, on, under, or through the License Area.
<br />17. Citv's Rieht to Cure Defaults by Licensee. If Licensee fails to perform any of its obligations
<br />under this License to restore the License Area, remove or alter Facilities, or repair damage, or if Licensee
<br />defaults in the performance of any of its other obligations under this License, then, at its sole option, City
<br />may remedy such failure for Licensee's account and at Licensee's expense by providing Licensee with
<br />three (3) days' prior written or oral notice of City's intention to cure such default (except that no such
<br />prior notice shall be required in the event of an emergency as determined by City). Such action by City
<br />shall not be construed as a waiver of any of City's rights or remedies under this License, and nothing in
<br />this License shall imply any duty of City to do any act that Licensee is obligated to perform. Licensee
<br />shall pay to City upon demand, all costs, damages, expenses, or liabilities incurred by City, including,
<br />without limitation, reasonable attorneys', experts', and consultants' fees, in remedying or attempting to
<br />remedy such default. Licensee's obligations under this Section shall survive the termination of this
<br />License.
<br />18. No Costs to Citv. Licensee shall bear all costs or expenses of any kind or nature in connection
<br />with its use of the License Area, and shall keep the License Area free and clear of any liens or claims of
<br />lien arising out of or in any way connected with its use of the License Area.
<br />RY RlN111 L5PXFMNG3LO0VBIlC MYf�E3fANN931OX.REPL ESTATE SERNCES I I Rcv May 2O16
<br />\11KEV'
<br />SISN
<br />P \bdla\ItESbnal�Ei POIIkNvmiRUieJmooJ CiiQ143J�1IUl7J-RcLroaablc Luna-ItedrcooJ City LinJ.n Ch Su InIA reivinm6.IJ,16aIiSN inxnsG'U 16Joc.a
<br />
|