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time, Licensee will remove all of its property from the License Area and any signs, and, upon
<br />City's request, the Facilities and any other structures, improvements, or alterations placed on the
<br />License Area during the Tenn of this License, and will repair, at its cost, any damage to the License
<br />Area caused by the removal. Licensee's obligations under this Section will survive any
<br />termination of this License.
<br />16. Reaair of Damage. If any portion of the License Area or any City property located on or
<br />about the License Area is damaged or threatened by any of the activities conducted by Licensee or
<br />anyone acting by or through Licensee, at its sole cost, Licensee will immediately notify City of the
<br />damage or threat by (a) calling the SFPUC's dispatch operator as specified in Section 31(b)
<br />[Emergency Contacts] below, and (b) providing written notice in accordance with Section 31(a)
<br />[Notices] below. City may, but will not be obligated to, remedy the damage or threat at Licensee's
<br />sole cost, or City may elect to observe Licensee's repair work. If City elects not to remedy the
<br />damage or threat, Licensee will repair all damage and restore the License Area or property to its
<br />previous condition subject to City's inspection, review, and approval. City has no responsibility
<br />or liability of any kind with respect to any utilities that may be on, in, or under the License Area.
<br />Licensee is solely responsible for the location of any utilities and other existing facilities and their
<br />protection from damage. Licensee will be solely responsible to arrange and pay directly for any
<br />utilities or services necessary for its Permitted Acts; provided, Licensee will obtain City's prior
<br />written approval to the provision of any services or utilities in, on, under, or through the License
<br />Area.
<br />17. City's Right to Cure Defaults by Licensee. If Licensee fails to perform its obligations
<br />under this License to restore the License Area, remove or alter any Facilities, and other Licensee
<br />improvements or alterations, or repair damage, or if Licensee defaults in the performance of its
<br />other obligations under this License, then, at its sole option, City may remedy the failure for
<br />Licensee's account and at Licensee's expense by providing Licensee with three (3) days' prior
<br />written or oral notice of City's intention to cure the default (except that no prior notice will be
<br />required in the event of an emergency as determined by City). City's action will not be construed
<br />as a waiver of City's rights or remedies under this License, and nothing in this License will imply
<br />any duty of City to do any act that Licensee is obligated to perform. Licensee will pay to City
<br />upon demand, all costs, damages, expenses, or liabilities incurred by City, including reasonable
<br />attorneys', experts', and consultants' fees, in remedying or attempting to remedy the default.
<br />Licensee's obligations under this Section will survive the termination of this License.
<br />18. No Costs to City. Licensee will bear all costs or expenses of any kind or nature in
<br />connection with its use of the License Area and will keep the License Area free and clear of any
<br />liens or claims of lien arising out of or in any way connected with its use of the License Area.
<br />19. Indemnity. Licensee will indemnify, defend, reimburse, and hold harmless City, its
<br />officers, agents, employees, and contractors, and each of them, from and against all demands,
<br />claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments,
<br />damages, and liabilities of any kind ("Claims"), arising in any manner out of (a) any injury to or
<br />death of any person or damage to or destruction of any property occurring in, on, or about any part
<br />of the License Area, whether such injury, death, damage, or destruction is caused by the person or
<br />property of Licensee, its officers, directors, members, employees, agents, consultants, contractors,
<br />or subcontractors (collectively, "Agents"), its invitees, guests, or business visitors (collectively,
<br />"Invitees"), or third persons, relating to any use or activity under this License, (b) any failure by
<br />Licensee to faithfully observe or perform any tern, covenant, or condition of this License, (c) the
<br />15 Rev. March 2025
<br />ATTY/AGR.2025.182/San Francisco Public Utilities Commission (Revocable License) (REV: 07-22-25 VR) (Page 16 of 34)
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