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<br />DES:djk 12/08/88 <br /> <br />(003/39) <br /> <br />improvements heretofore or hereafter installed and/or constructed <br />in or upon the Subject Premises. <br />3. CITY REQUIREMENTS. The installation and maintenance of <br />the above-described sculpture shall be made and conducted in <br /> <br /> <br />conformance with all applicable laws, statutes, ordinances, rules <br /> <br />and regulations of City and, specifically, shall be subject to <br /> <br />approval of City's Director of Parks, Recreation and Community <br /> <br />Services. <br /> <br />4. <br /> <br />COSTS. <br /> <br />Permittee <br /> <br />shall bear any and all <br />maintenance and repair <br /> <br />costs of <br />of said <br /> <br />construction, installation, <br /> <br />sculpture. <br />s. MAINTENANCE. Permittee shall maintain said sculpture <br />in a state of good repair and in a neat and attractive condition, <br />at Permittee's sole cost and expense. <br />6. MANNER OF CONSTRUCTION. Permittee shall carefully <br />install and maintain said sculpture in such manner as not to <br />damage, interfere with, or obstruct the use of the Subject <br />Premises by the City, except as to such restriction as is caused <br />by occupancy of space on the Subject Premises by said sculpture. <br />If Permittee damages, interferes with, or obstructs City's <br />use of the Subject Premises, or other City-owned property in the <br />vicinity thereof, in connection with the permission granted <br />hereunder, Permittee shall bear all costs and expense thereby <br />incurred by City, its agents, employees, contractors, or <br />subcontractors in connection with remedying or repairing such <br />damages, interference or obstruction. <br /> <br />2 <br /> <br />10947 <br />