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Page 9 of 10 <br />ATTY/RESO.0098/CC RESOLUTION FOR PILOT EXTENSION <br />REV: 11-03-17 JS <br />and acceptance (if a public facility) or completion thereof (if a private <br />facility). Permittee shall undertake necessary corrective work and <br />repairs within ten (10) business days of receipt of City's notice of <br />defective work and shall complete repairs and corrective work diligently. <br /> <br />J. Permittee shall not use or permit the use of any PDD in any manner that <br />would tend to create a nuisance or in a way that compromises the public health, safety, <br />or welfare, or the public’s use of the right-of-way. <br /> <br />K. All of Permittee’s activities shall be performed at Permittee’s sole cost, risk <br />and expense. This permit does not entitle Permittee to install any improvements on any <br />property within the City. <br /> <br />L. The term of this Permit shall commence on the date the Permit is issued <br />and shall continue in full force until December 31, 2018, unless earlier terminated <br />pursuant to the terms of this Permit. <br /> <br />M. City may at its sole option freely terminate the pilot program or revoke this <br />Permit at any time without cause or liability, and without any obligation to pay any <br />consideration to Permittee. Upon any expiration, revocation or termination, Permittee <br />shall immediately stop operations. <br /> <br />N. Permittee shall ensure adequate visibility of the PDD during daytime and <br />nighttime hours of use. PDDs operated during darkness shall have reflectors at least in <br />front and back that are visible from at least 200 feet away, and lights that cover the <br />direction of movement including white lights in front and red lights in the back that are <br />visible from at least 300 feet away. <br /> <br />O. If any term, provision or condition of this Permit is held by a court of <br />competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall <br />continue in full force and effect unless the rights and obligations of the parties have been <br />materially altered or abridged thereby. <br /> <br />P. This Permit, and the rights and obligations of the parties, shall be governed <br />by and interpreted in accordance with the laws of the State of California without regard to <br />principles of conflicts of law. Any action to enforce or interpret this Permit shall be filed in <br />the Superior Court of San Mateo County, California or in the Federal District Court for the <br />Northern District of California. <br /> <br />Q. The rights granted hereby are personal to Permittee and may not be <br />transferred or assigned by operation of law or otherwise without the written consent of <br />City. Nothing in this Permit is intended to or shall confer upon any person other than the <br />Permittee and City any rights or remedies hereunder. <br />6.3.B. - Page 13