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<br />10. Venue. Permittee agrees and hereby stipulates that the proper venue and <br />jurisdiction for resolution of any disputes between the parties arising out of this Permit is <br />San Mateo County, California. <br /> <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 /> <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 /> <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 /> <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 /> <br />14. Damaqe to the Riqht-of-Way. 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 /> <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 /> <br />Atty/Permits/2005.013 <br />021705 <br /> <br />4 <br />