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7.A. - Page 138 of 176
<br />Permit No
<br />Permittee,
<br />of -way that occurs as a result of this Permit and the use of the Property by Permittee, unless such
<br />damage is caused by the gross negligence or willful misconduct of City or its employees, agents or
<br />contractors. Any damage to the Property, the improvements located thereon, any other City property
<br />(including the public right-of-way), or any private improvements shall be immediately repaired or replaced
<br />in kind to the satisfaction of the improvement owner at Permittee's sole cost and expense.
<br />14. Permittee shall be responsible for obtaining any and all permits which may be required by any agency
<br />having jurisdiction over the Property and/or Permitted Activity. Notwithstanding the above, nothing
<br />contained in this Permit shall obligate City to issue any permits or approvals for construction or any
<br />particular use.
<br />15. Permittee shall comply with all Conditions of Use and with all state, federal, and local laws, regulations,
<br />rules and orders applicable to this Permit, the Property or the Permitted Activity, including without
<br />limitation all Environmental Laws (defined in Exhibit B attached hereto and incorporated herein by
<br />reference). Permittee shall not cause or permit any Hazardous Material (defined in Exhibit B) to be
<br />generated, brought onto, used, stored, or disposed of in or about the Property.
<br />(i) Notice of Release or Investigation. If during the term of this Permit, Permittee becomes aware of (a)
<br />any actual or threatened release of any Hazardous Material in, on, under, or about the Property, or
<br />(b) any inquiry, investigation, proceeding, or claim by any government agency or other person
<br />regarding the presence of Hazardous Material in, on, under, or about the Property, Permittee shall
<br />give City written notice of the release or investigation within five (5) days after learning of the same
<br />and shall simultaneously furnish to City copies of any claims, notices of violation, reports, or other
<br />writings received by Permittee that concern the release or investigation.
<br />(ii) Remediation Obligations. If the presence of any Hazardous Material brought onto the Property by
<br />Permittee or Permittee's agents, employees, invitees, customers, consultants, contractors or
<br />subcontractors results in contamination of the Property or any part thereof, Permittee shall promptly
<br />take all necessary actions to remove or remediate such Hazardous Materials, whether or not they
<br />are present at concentrations exceeding state or federal maximum concentration or action levels, or
<br />any governmental agency has issued a cleanup order, at Permittee's sole expense, to return the
<br />Property to the condition that existed before the introduction of such Hazardous Material. Permittee
<br />shall first obtain City's approval ofthe proposed removal or remedial action.
<br />16. Permittee shall, at Permittee's sole cost and expense, provide all protective and safety measures
<br />necessary to safely conduct the Permitted Activity on the Property. Permittee expressly acknowledges
<br />and agrees that City shall have no obligation to provide security services or fencing, and Permittee's use
<br />of the Property is at Permittee's own risk.
<br />17. In accordance with RCMC Section 29.14.A, Permittee shall, by a time specified by City, protect, support,
<br />temporarily disconnect, relocate, or remove any of its property when required by City or any other
<br />governmental entity by reason of traffic conditions; public safety; public rights-of-way construction; public
<br />rights-of-way maintenance or repair (including resurfacing or widening); change of grade of public rights-
<br />of-way; construction, installation or, repair of sewers, drains, water pipes, power lines, signal lines,
<br />tracks, or any other type of government-owned communications system, public work or improvement on
<br />any government-owned utility; public rights-of-way vacation; or for any other purpose where the work
<br />involved would be aided by the removal or relocation of Permittee's facilities. Notwithstanding the
<br />foregoing, except in the case of emergencies, the City shall provide written notice describing where the
<br />work is to be performed at least one week prior to the deadline for performing the work. Permittee may
<br />seek an extension of the time to perform the work when it cannot be completed in a week even with the
<br />exercise of due diligence, and such request for an extension shall not be unreasonably refused.
<br />18. In accordance with RCMC Section 29.14.D, in the event of an emergency, or where Permittee's facilities
<br />create or is contributing to an imminent danger to health, safety, or property, City may remove, relay, or
<br />relocate any or all parts of such facilities, without prior notice.
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<br />OAK #4819-4834-1908 v19 Exhibit D
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