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<br />AT T Y/AGR /2022.014.09/T R I-P AR T YAGR EEM EN T
<br />R EV:01-25-2022VR
<br />2.TERM:The term of this Agreement shall commence on the date first written above (the
<br />“Commencement Date”) and shall expire on concurrently with the License Agreement.
<br />(the “Expiration Date”). Sublicensee has no right to retain possession of the Premises or
<br />any part thereof beyond the expiration of the term of this Agreement.
<br />3.LICENSE FEE:The license fee shall be Five-Thousand Dollars ($5,000) per month and
<br />fifty percent (50%) of the monthly utility costs of the job site trailers.
<br />4.CONDITION OF SUBLICENSE AREA AND MAINTENANCE:
<br />a. Condition of Sublicense Area at Occupancy. Occupation of the Sublicense Area
<br />by Sublicensee shall be deemed acceptance by Sublicensee of the Sublicense
<br />Area in an “as is” condition.
<br />b. No Modifications. Sublicensee shall not make any changes, additions and/or
<br />modifications or improvements to the Sublicense Area.
<br />c. Compliance. All improvements and personal property in the Sublicense Area, and
<br />the repair and maintenance thereof, shall comply with all applicable laws,
<br />ordinances, codes and/or regulations of any governmental authority with
<br />jurisdiction over the operation of Sublicensee thereon.
<br />5.ASSIGNMENT:Sublicensee shall not assign or encumber its interest in this Agreement
<br />or sublicense to anyone all or any portion thereof without the prior written consent of
<br />County. Any assignment, encumbrance, or sublicense without County’s consent shall be
<br />voidable and, at County’s election, shall constitute a breach of this Agreement. No consent
<br />to any assignment, encumbrance or sublicense shall constitute a further waiver of the
<br />provisions of this Section.
<br />6.HOLD HARMLESS: Sublicensee shall indemnify, defend (with counsel approved by
<br />County) and hold harmless County and its officers, officials, employees and agents,
<br />(collectively, “Indemnitees”), from and against any and all claims, losses, liabilities,
<br />damages, fines, penalties, fees, charges, liens, judgments, causes of action, suits, legal
<br />and administrative proceedings, (whether legal or administrative), remediation, response,
<br />removal, or clean-up obligations, and all costs and expenses associated therewith
<br />(including without limitation attorneys’ fees, expert fees, and court costs) (all of the
<br />foregoing, collectively, “Claims”), to the extent arising out of or related to or resulting from
<br />Sublicensee’s use of the Sublicense Area whether by Sublicensee or its officers,
<br />employees, agents, contractors, subcontractors, or any other third party acting under the
<br />control or at the request of Sublicensee (collectively, “Sublicensee Parties”), or other
<br />acts, omissions, negligence or willful misconduct of Sublicensee or any Sublicensee
<br />Parties, except to the extent caused or exacerbated by the willful misconduct or gross
<br />negligence of the Indemnitees. The foregoing indemnity shall include, without limitation,
<br />Claims relating to personal injury, bodily injury, death and property damage, and Claims
<br />in any way related to the disposal, treatment, transportation, manufacture, or use of any
<br />Hazardous Substances by Developer or any Developer Parties. Developer’s obligations
<br />under this Section shall survive the expiration or earlier termination of this Agreement only
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