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6.1.A. - Page 9
<br /> freely revoke and terminate this License at any time without cause or liability, and
<br /> without any obligation to pay any consideration to COUNTY or return to COUNTY any
<br /> part of the License Fee. Upon any revocation or termination, COUNTY shall
<br /> immediately surrender the License Area in the condition required under this License
<br /> Agreement. The Term may be extended for up to an additional three (3) years by the
<br /> mutual agreement of both parties. The City Manager is authorized to execute such
<br /> extensions of the License Agreement on a year-to-year basis. In no event shall
<br /> COUNTY have the right to unilaterally extend the Term beyond the Expiration Date.
<br /> 8. Covenant to Maintain License Area. In connection with its use hereunder, COUNTY
<br /> shall at all times, at its sole cost, maintain the License Area in a good, clean, safe, secure,
<br /> sanitary and sightly condition.
<br /> 9. Removal or Alteration of Facilities. Without limiting CITY's rights hereunder, COUNTY
<br /> shall promptly, at CITY's written request, alter or remove at its sole expense any and all
<br /> facilities, improvements, plantings or other property installed or placed in, on, under or about the
<br /> License Area by COUNTY, as may be necessary to avoid any actual or potential interference
<br /> with any of CITY's operations and use of the License Area. In the request, CITY shall have the
<br /> right to specify reasonable time limits for completion of the work. If after such written notice
<br /> COUNTY fails to complete the requested work within the prescribed time limits, CITY shall have
<br /> the right to perform the requested work and charge COUNTY all costs and expenses incurred
<br /> by CITY in performing the work. Such amount shall be due and payable upon CITY's demand.
<br /> In the event of an emergency CITY may, at its sole option and without notice, alter, remove or
<br /> protect at COUNTY's sole expense, any and all facilities, improvements, plantings or other
<br /> property installed or placed in, on, under or about the License Area by COUNTY, except for
<br /> utility facilities owned by either a private company or a public agency that are necessary for
<br /> operations after an emergency as determined by CITY in its sole discretion. The owner of such
<br /> utility facilities shall, upon written or oral notice by CITY that an emergency exists, take
<br /> immediate action at its sole expense to protect, remove or relocate such facilities as required by
<br /> CITY to meet the emergency.
<br /> 10. Siqns. COUNTY shall not place, erect or maintain any sign, advertisement, banner or
<br /> similar object in, on, or about the License Area without CITY's prior written consent, which CITY
<br /> may withhold in its sole discretion.
<br /> 11. Surrender. Upon the expiration or earlier termination of this License or within ten (10)
<br /> days after any sooner revocation or termination of this License, COUNTY shall surrender the
<br /> License Area in the same or better condition as received. At such time, COUNTY shall remove
<br /> all of its property from the License Area and any signs and, upon CITY's request, other
<br /> structures or improvements permitted hereunder, and shall repair, at its cost, any damage to the
<br /> License Area caused by such removal. COUNTY's obligations under this Section shall survive
<br /> any termination of this License.
<br /> 12. Repair of Damaqe. If any portion of the License Area or any personal property of CITY
<br /> located on or about the License Area is damaged or threatened by any of the activities
<br /> conducted by COUNTY or anyone acting by or through COUNTY hereunder, COUNTY shall
<br /> immediately, at its sole cost, notify CITY by facsimile of such damage or threat. CITY may, but
<br /> shall not be obligated, to remedy such damage or threat at COUNTY's sole cost, or CITY may
<br /> elect to witness COUNTY's repair work. In the event CITY elects not to remedy such damage or
<br /> threat, COUNTY shall repair any and all such damage and restore the License Area or property
<br /> to its previous condition subject to CITY's inspection, review and approval. CITY has no
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:02/01 /12
<br /> Page 6 of 16
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