Agmt00 Redwood Shores Propertie - Laserfiche WebLink

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material breach and default of this Agreement by the City and, in addition to any other remedies which Licensor may have, Licensor may (at its sole election) payor bond over such claim or lien and the amount paid, together with all attorneys' fees and costs incurred by Licensor in connection therewith, shall be immediately due from the City to Licensor. The City's obligations under this Section 4.5 shall survive the expiration or earlier termination or revocation of this Agreement. 4.6 Maintenance of Property; Waiver of Liability. The City, at the City's sole cost and expense, shall at all times during the term of this Agreement keep and maintain the Property in a safe, neat, clean and orderly condition reasonably satisfactory to Licensor. The City, at the City's sole cost and expense, shall be solely responsible for any repairs to the Property and for any repairs to any adjoining real property where damage has been caused by the City or the Licensee Group. Licensor shall not be liable to the City, and the City hereby waives any claim against Licensor, for injury to or death of any person or damage to any property that may result from the City's development, construction and installation of the BCDC Improvements except resulting directly and solely from the negligent or willful affirmative act of Licensor. The City hereby assumes all risk of injury to or death of any person (including anyone in the Licensee Group) or damage to any property on or about the Property unless due by reason of the willful or negligent acts or omissions of Licensor. 4.7 Limitations on Use. The City acknowledges and agrees that the license granted under this Agreement is granted for the sole and exclusive purpose of allowing the City to construct, install and perform the BCDC Improvements within the Easement Areas in accordance with the provisions of this Agreement. Neither the City nor any of the Licensee Group shall use the Property for any other purpose whatsoever, including, without limitation, to dispose of any materials, equipment, debris or supplies or to construct any improvements whatsoever, other than as specifically set forth or contemplated in this Agreement. 4.8 Maintenance of Drainage. The City and the City's Contractors shall develop, install and construct the BCDC Improvements within the Easement Areas in such a manner so as not to interfere with drainage on areas of the Property not covered by the B,CDC Improvements and so as not to interfere with Licensor's activities at the Project or interfere with other real property owned by Licensor, including, without limitation, maintaining existing storm drainage swales or channels and avoiding depressions, holes and ponding on areas of the Property. 5. Post Completion Covenants. The grant of the license pursuant to Section 1 of this Agreement and the City's right to enter upon the Easement Areas to perform the BCDC Improvements is subject to the City promptly satisfying all of the conditions 7 -- 1r