Agmt00 Redwood Shores Propertie - Laserfiche WebLink

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1. Grant of License. Subject to the City (i) satisfying all of the Conditions Precedent (as defined in and set forth in Section 3 below) prior to undertaking any portion of the BCDC Improvements, (ii) performing all of the Covenants (as defined in and set forth in Section 4 below) at all times while constructing and installing the BCDC Improvements and (iii) satisfying all of the Conditions Subsequent (as defined in and set forth in Section 5 below) following completion of the construction, devë1opment and installation of the BCDC Improvements, Licensor hereby grants to the City a non- exclusive license for the City and its Contractors (as defined in Section 3.2 below), agents, consultants, representatives, design professionals, engineers, architects, contractors, subcontractors, suppliers and materialmen (collectively, the "Licensee Group") to enter upon and use Easement Areas solely for the purpose of developing and installing, at the City's sole cost and expense, the BCDC Improvements within the Easement Areas, which license shall be terminable in accordance with the terms and conditions of this Agreement. The City hereby acknowledges and agrees that the license herein granted is limited to the performance of the BCDC Improvements solely within the Easement Areas and that no license is granted for the performance of any other work of any nature whatsoever on any portions of the Property or any other real property owned by Licensor (collectively, the "Project") other than the Easement Areas. The City further acknowledges and agrees that the performance of the BCDC Improvements shall not cause, in any manner, any demolition or destruction of, or any material damage or injury to, any roadways, lagoon slopes, levees, utilities, infrastructure or other improvements on the Property or the Project or any other adjoining real property or real property leading up to the Property except as expressly set forth in and as required by the BCDC Permit. The City acknowledges and agrees that Licensor has no responsibility of any nature whatsoever for constructing, developing, installing or maintaining any of the BCDC Improvements. 2. Term; Termination. The term of this license shall cmnmence, subject to the City's prior satisfaction of all of the Conditions Precedent set forth in Section 3 below, on the date of this Agreement and shall expire on the earlier of (i) the date of completion of the BCDC Improvements or (ii) February 28,2003; provided, however, that Licensor hereby reserves the right to revoke the license granted herein following a material breach or m~terial default by the City of this Agreement if the City fails to cure such breach or default in accordance with the provisions of Section 6 below. The City hereby acknowledges and agrees that if this license is terminated by reason of an uncured breach or default by the City, then the City hereby waives and relinquishes any and all legal or equitable rights and remedies available to the City under this Agreement or otherwise at law or in equity, resulting from the termination of this Agreement, including, without limitation, any right to reimbursement of any costs or expenses incurred by the City or the Licensee Group in performing the BCDC Improvements and any matters related thereto. 2 -_. "1;---