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the License Area by LICENSEE, as may be necessary to avoid any actual or potential
<br />interference with any of CITY's operations and use of the City Property. In the request, CITY
<br />shall have the right to specify reasonable time limits for completion of the work. If after such
<br />written notice LICENSEE fails to complete the requested work within the prescribed time limits,
<br />CITY shall have the right to perform the requested work and charge LICENSEE all costs and
<br />expenses incurred by CITY in performing the work. Such amount shall be due and payable
<br />upon CITY's demand. In the event of an emergency CITY may, at its sole option and without
<br />notice, alter, remove or protect at LICENSEE's sole expense, any and all facilities,
<br />improvements, plantings or other property installed or placed in, on, under or about the License
<br />Area by LICENSEE, except for utility facilities owned by either a private company or a public
<br />agency that are necessary for operations after an emergency as determined by CITY in its sole
<br />discretion. The owner of such utility facilities shall, upon written or oral notice by CITY that an
<br />emergency exists, take immediate action at its sole expense to protect, remove or relocate such
<br />facilities as required by CITY to meet the emergency.
<br />8. Signs. LICENSEE shall not place, erect or maintain any sign, advertisement, banner or
<br />similar object in, on, or about the City Property without CITY's prior written consent, which CITY
<br />may withhold in its sole discretion. Logos painted on storage trailers are acceptable.
<br />9. Surrender. Upon the expiration or earlier termination of this License or within thirty (30)
<br />days after any sooner revocation or termination of this License, LICENSEE shall surrender the
<br />License Area in the same or better condition as received. At such time, LICENSEE shall remove
<br />all of its property from the License Area and any signs and, upon CITY's request, other
<br />structures or improvements permitted hereunder, and shall repair, at its cost, any damage to the
<br />City Property caused by such removal. LICENSEE's obligations under this Section shall survive
<br />any termination of this License.
<br />10. Repair of Damaae. If any portion of the City Property or any personal property of CITY
<br />located on or about the City Property is damaged or threatened by any of the activities
<br />conducted by LICENSEE or anyone acting by or through LICENSEE hereunder, LICENSEE
<br />shall immediately, at its sole cost, notify CITY by facsimile or electronic mail of such damage or
<br />threat. CITY may, but shall not be obligated, to remedy such damage or threat at LICENSEE's
<br />sole cost, or CITY may elect to witness LICENSEE's repair work. In the event CITY elects not to
<br />remedy such damage or threat, LICENSEE shall repair any and all such damage and restore
<br />the City Property or property to its previous condition subject to CITY's inspection, review and
<br />approval. CITY has no responsibility or liability of any kind with respect to any utilities that may
<br />be on, in or under the City Property. Subgrade repairs will be at CITY'S sole cost.
<br />11. Indemnity. LICENSEE shall indemnify, defend, reimburse and hold harmless CITY, its
<br />officers, agents, employees and contractors, and each of them ("Indemnified Parties"), from
<br />and against any and all demands, claims, legal or administrative proceedings, losses, costs,
<br />penalties, fines, liens, judgments, damages and liabilities of any kind ("Claims"), arising in any
<br />manner out of (a) any injury to or death of any person or damage to or destruction of any
<br />property occurring in, on or about the City Property, or any part thereof, whether such injury,
<br />death, damage or destruction is caused by the person or property of LICENSEE, its officers,
<br />directors, members, employees, agents, consultants, contractors or subcontractors (collectively,
<br />"Agents"), its invitees, guests or business visitors (collectively, "Invitees"), or third persons,
<br />relating to any use or activity under this License, (b) any failure by LICENSEE to faithfully
<br />observe or perform any of the terms, covenants or conditions of this License, (c) the use of the
<br />City Property or any activities conducted thereon by LICENSEE, its Agents or Invitees, (d) any
<br />release or discharge, or threatened release or discharge, of any Hazardous Material caused or
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<br />REV: 08-08-18 PR
<br />ATTY/AGR.2018.192/San Mateo County
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