Agmt10 City and County of San Francisco SFPUC

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2. Term. The term of this Permit shall commence on the date (the "Commencement Date") when the mutual full execution and delivery of this Permit is completed and shall continue thereafter for nine (9) years and will expire thereafter unless, at least one -hundred eighty (180) days prior to the then -current term expiration date, Permittee gives City written notice of renewal, whereupon the term of this Permit will renew for an additional one (1) -year period. Notwithstanding the foregoing, this Permit may be terminated by either party at any time during the term upon one (1) year's prior, written notice to the other party. 3. Permittee's Obligation to Remove Permitted Improvements. If the proposed construction, reconstruction, or maintenance on any City Owned Parcel is materially and adversely impacted by the presence of any of the Permitted Improvements in any such City Owned Parcel, Permittee shall remove or move such Permitted Improvements in a manner to permit such construction, reconstruction, or maintenance within one (1) year of City's notice to Permittee requesting such removal or movement. 4. Indemnity. (a) Permittee, for itself, its successors, agents, contractors, and employees, hereby agrees to hold harmless, defend, and indemnify City, its officers, council members, employees, and agents, from and against any liability for damages and any liability or claims resulting from tangible property damage or bodily injury (including accidental death), caused by Permittee's or Permittee's contractor's construction, operation, maintenance, repair, or replacement of the Permitted Improvements. (b) Should Permittee's use or occupancy of the Permit Area cause any discharge, leakage, spillage, emission, or pollution of any type, Permittee at its expense, shall clean all affected property to the reasonable satisfaction of City and any governmental body having jurisdiction in accordance with applicable local, state, and federal laws. (c) The provisions of this Section 4 shall survive the expiration or termination of this Permit. 5. Notices: Any notice issued in connection with this Permit will be in writing and will be deemed given if personally delivered, mailed by registered or certified mail (return - receipt requested), or delivered by express delivery service at the following street address, unless and until a different street address has been designated by written notice to the other parties addressed as follows: Permittee: City: San Francisco Public Utilities Commission Real Estate Services 1145 Market Street, 7th Floor San Francisco, California 94103 Attn: Director D-2-2 City of Redwood City MOA ver 03 09 10