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05/06/2019 F. WHEREAS, Permittee has agreed to compensate City for staff time and City resources used to implement the 2019 Pilot Program. G. WHEREAS, City is willing to authorize use and issue the PDD Permit subject to the parties entering into this PDD Agreement, subject to the terms of this PDD Agreement and the PDD Permit issued concurrently herewith. NOW THEREFORE, in consideration of the mutual covenants, promises, and faithful performance of the terms and conditions herein, the parties agree as follows: 1. Description of Real Property. The real property affected by this PDD Agreement is the Right of Way as defined in Recital A, above, and is referred to as the "Service Area" provided, however, that PDD Operations shall be primarily limited to those portions of the Right of Way consisting of sidewalks, crosswalks, and other areas typically used for pedestrian travel rather than streets or areas used for bicycle or vehicular travel. 2. Term. The term of this PDD Agreement shall commence on the Agreement Date and shall expire on May 7, 2021, unless this PDD Agreement is earlier terminated, the PDD Permit is revoked, and/or 2019 Pilot Program Termination occurs. 3. Payment Terms. Permittee agrees to pay City a total amount of to cover all resources, expenses, and City staff time for implementing the 2019 Pilot Program. 4. Termination. Notwithstanding anything in this PDD Agreement or the PDD Permit to the contrary, City may at its sole option freely revoke and terminate the 2019 Pilot Program, PDD Agreement, or PDD Permit at any time without cause or liability, and without any obligation to pay any consideration to Permittee. Upon any such termination or revocation, this PDD Agreement shall automatically terminate, the PDD Permit shall automatically be revoked, and Permittee shall immediately stop PDD Operations. 5. PDD Permit. After execution of this PDD Agreement, City will issue a PDD Permit provided that all appropriate materials and information have been given to, and approvals have been granted by, City hereunder. The PDD Permit is and shall be subject to the Conditions of Approval. 6. Indemnification. This Section 6 (Indemnification) shall survive expiration or Page 11 of 20 ATTY/DOCS-RESOLUTIONS/2019/RE50.0042 CC RESO PDD PILOT PROGRAM RESO. NO. 15763 REV: 04-25-19 DZ MUFF NO. 604