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Page 2 of 6 <br />ATTY/AGR/2022.014.02/TRI-PARTY AGREEMENTREV: 01-25-2022 VR <br />F.Developer, County and City are also parties to that certain Tri-Party Implementation <br />Agreement dated on or about the date hereof (“Tri-Party Agreement”), as to which <br />this License is an attachment. <br />NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements by <br />the parties set forth herein and other good and valuable consideration, Owner and Developer <br />agree as follows: <br />AGREEMENTS: <br />1.Grant of Licenses. <br />(a) Owner hereby grants toDeveloper, its employees, consultants, representatives <br />and contractors, an exclusive in part, and non-exclusive in part, temporary <br />license (“Temporary Construction License”), over the Temporary License <br />Area, solely for temporary construction-related vehicle parking, laydown <br />storage and staging in connection with Developer’s construction of the Project <br />and the Blomquist Extension (collectively, the “Developer Activities”). <br />Developer agrees that, without the written consent of the Owner, Developer <br />shall not enter onto or conduct any activities on the Temporary License Area <br />except as permitted by this License or other agreements as may be entered <br />into by Owner and Developer. <br />(i)Developer’s Temporary Construction License shall be exclusive for at <br />least 50% of the Temporary License Area, and non-exclusive for the <br />remainder of the Temporary License Area. The non-exclusive portion <br />of the Temporary Construction License shall involve sharing a portion <br />of the Temporary License Area with County, as provided in this License <br />(including without limitation Section 4(c)) and the County Temporary <br />License. A general depiction of the initial exclusive and non-exclusive <br />portions of the Temporary License Area is attached as Exhibit C. <br />Subject to Developer’s right to exclusively occupy at least 50% of the <br />Temporary License Area, throughout the Term Developer and County <br />shall have the right to adjust the exclusive and non-exclusive portions <br />of the Temporary License Area per their mutual agreement. Developer <br />shall keep City reasonably informed of all agreements for allocation of <br />space between County and Developer. <br />(b) Owner also hereby grants to Developer, its employees, consultants, <br />representatives and contractors, a non-exclusive, temporary license <br />(“Temporary Leaseback Area Construction License”), over the County <br />Lease Area (together with the Temporary License Area, the “Temporary <br />License Areas”), solely for Developer Activities. Developer agrees that, <br />without the written consent of the Owner, Developer shall not enter onto or <br />conduct any activities on the County Lease Area except as permitted by this <br />License or other agreements as may be entered into by Owner and Developer. <br />Notwithstanding anything to the contrary in this License, the Temporary <br />Leaseback Area Construction License shall not be effective and Developer <br />may not enter the County Lease Area until after City has provided Developer <br />written notice that the Leaseback Agreement has expired and the County has <br />vacated the County Lease Area. <br />2.License Term. This License shall become effective on the Exchange Closing <br />(“Effective Date”), and, unless sooner terminated by Owner following a default by <br />Developer, shall terminate on the sooner of (i) City acceptance of the completed