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(e) Exercise of Due Care. Licensee will use and will cause its Agents (defined in
<br />Section 19 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City's
<br />water pipelines, facilities, or other property and to native vegetation and natural attributes of the
<br />License Area and to minimize slope erosion. Licensee will not disturb the surface of the License
<br />Area or perform any excavation work without City's prior written approval, which City may
<br />withhold at its sole discretion. City may condition and/or oversee any permitted excavation work.
<br />At its own expense, Licensee will marls the location of City's water pipelines or other facilities
<br />within the License Area and will not use any pick, plow, or other sharp tool to remove the two feet
<br />of soil around the pipelines or other facilities, provided that Licensee may use hand shovels or
<br />pneumatic shovels in compliance with all other terns and conditions of this License. Licensee
<br />will immediately inform City of any actual or potential dafnage to the coating of the pipeline, and
<br />any damage will be promptly repaired by Licensee, at its own expense, to City's satisfaction prior
<br />to backfilling; provided, at its sole discretion, City may elect upon notification to Licensee to make
<br />any necessary repairs itself, at Licensee's sole cost. Upon completion of the repairs, City will send
<br />to Licensee an invoice therefor, which Licensee will pay within thirty (30) days following receipt.
<br />Under no circumstances will Licensee damage, harm, or take any rare, threatened, or endangered
<br />species present on or about the License Area.
<br />(f) Cooperation with Public Utilities Commission. Licensee and its Agents will
<br />work closely with City personnel to minimize any potential disturbance (even if temporary) of the
<br />natural features of the License Area and to avoid disruption (even if temporary) of City facilities,
<br />in, under, on, or about the License Area and City uses of its facilities.
<br />(g) Heavy Equipment. Licensee will not use any heavy construction equipment over
<br />or about City's pipelines, except as otherwise expressly allowed in Section 6 i [Heavy Equipment
<br />and Vehicles] below.
<br />(h) Rork Schedule. Licensee must begin installation work, if at all, within ninety
<br />(90) days after the commencement of the Term of this License. At least ten (10) business days
<br />prior to the commencement of any improvement or alteration work on the License Area, Licensee
<br />will notify City's Construction Inspector ("Construction Inspector"), at (650) 871-3015, of the
<br />date the work will commence and the intended construction schedule. Notification must also be
<br />given to Underground Service Alert at least two (2) days prior to the start of the work.
<br />Notwithstanding the approval of Licensee's schedule by the SFPUC, the Construction Inspector
<br />will have the right to require Licensee to adjust its schedule from time to time. All work must be
<br />performed during regular working hours (Monday through Friday) between 8:00 a.m. and
<br />4:30 p.m., exclusive of City holidays. Any work performed during any other time or day must be
<br />preapproved by the SFPUC at least ten (10) business days prior to commencing the work. In
<br />connection with its approval, City may charge Licensee additional inspection fees payable prior to
<br />the SFPUC's approval of the request. Notwithstanding the work hours set forth above, Licensee
<br />will comply with any applicable local ordinance that imposes later start times and/or earlier
<br />cessation times for construction activities. Licensee will complete all work and restoration no later
<br />than three hundred sixty (360) days after the Commencement Date, subject to unavoidable delays.
<br />For purposes of this License, "unavoidable delays" will mean any delays by reason of acts of God,
<br />accidents, breakage, strikes, lockouts, other labor disputes, enemy action, civil commotion,
<br />protests, riots, demonstrations, federal or state governmental restrictions, or by any other reason
<br />beyond Licensee's reasonable control. Licensee may apply to the SFPUC for a one-time extension
<br />for a period not to exceed ninety (90) days. The SFPUC may charge a non-refundable fee of Seven
<br />Rev. March 2025
<br />ATTY/AGR.2025.182/San Francisco Public Utilities Commission (Revocable License) (REV: 07-22-25 VR) (Page 6 of 34)
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