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� . � . � "' � <br /> 10. Venue. Permittee agrees and hereby stipulates that the proper venue and <br /> jurisdiction for resolution of any disputes befinreen the parties arising out of this Permit is <br /> San Mateo County, California. <br /> 11. Assiqnment and Nontransferabilitv. Permittee understands and <br /> acknowledges that assignment, sublicensing or transfer of this Permit is absolutely <br /> prohibited without the written consent of City, and any attempt to do so without City's <br /> written consent may result in a revocation of the Permit at the will of City. <br /> 12. Revocation of Permit. Permittee understands and agrees that this Permit <br /> may be revoked at any time for Permittee's failure to maintain the Right-of-Way as <br /> required under this Permit or; for failure of Permittee to comply with any of the other <br /> terms and conditions hereof, notwithstanding any investment of Permittee in improving <br /> the Right-of-Way for its use. The determination of Permit revocation shall be within the <br /> sole discretion of City and shall be in addition to the right to terminate without cause <br /> pursuant to the provisions of Section 2 hereof. <br /> If this Permit is revoked by City under this Section 12, the revocation shall be no <br /> earlier than forty-eight (48) hours from the date and time of delivery of the notice of <br /> revocation and Permittee shall remove all of improvements from the Right-of-Way by <br /> that time or City may remove them and charge Permittee for the cost of removal or <br /> storage pursuant to Section 5 of this Permit. <br /> 13. Liens and Encumbrances. Permittee shall have no authority to do <br /> anything that may result in a lien or encumbrance against the Right-of-Way. Without <br /> limiting the foregoing, however, Permittee agrees to pay promptly all costs associated <br /> with the activities associated with this Permit and not to cause, permit, or suffer any lien <br /> or encumbrance to be asserted against the Right-of-Way. In the event that Permittee <br /> causes, permits, or suffers any lien or encumbrance to be asserted against the Right- <br /> of-Way related to activities associated with this Permit, Permittee at its sole cost and <br /> expense shall promptly cause such lien or encumbrance to be removed. <br /> 14. Damaqe to the Riqht-of-Wav. If, at any time, any of Permittee's activities <br /> conducted pursuant to this Permit causes any damage to any portion of the Right-of- <br /> Way, Permittee will promptly repair such damage to City's satisfaction. <br /> 15. Notice. All notices under this Permit shall be in writing and, unless <br /> otherwise provided herein, shall be deemed validly given if sent by certified mail, return <br /> receipt requested, or via recognized overnight courier service, addressed as follows (or <br /> to any other mailing address which the party to be notified may designate to the other <br /> party by such notice). All notices properly given as provided for in this section shall be <br /> deemed to be given on the date when sent. Should City or Permittee have a change of <br /> address, the other party shall immediately be notified as provided in this section of such <br /> change. <br /> Atty/Permits/2005.013 4 <br /> 021705 <br />