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("License Fee"). The License Fee shall be payable in advance, on or before the <br /> Commencement Date. The License Fee shall be payable to CITY at the address set forth <br /> in Section 18 below. <br /> THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING <br /> DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE CITY <br /> PROPERTY. LICENSEE MUST SECURE ALL ADDITIONAL NECESSARY <br /> APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY <br /> NOTICES, BEFORE COMMENCING ACTIVITIES IN THE CITY PROPERTY, <br /> INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED <br /> FROM OR TO CITY OR ANY OTHER AGENCY. LICENSEE COVENANTS AND <br /> AGREES,FOR THE BENEFIT OF CITY, THAT LICENSEE SHALL FULLY COMPLY <br /> WITH THE TERMS AND CONDITIONS OF ANY RULES AND REGULATIONS <br /> PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR ACTIVITIES TO <br /> BE PERFORMED OR FACILITIES TO BE INSTALLED BY LICENSEE ON THE <br /> PROPERTY PURSUANT TO THIS AGREEMENT, AND CITY SHALL HAVE NO <br /> RESPONSIBILITY OR LIABILITY OF ANY K1ND WITH RESPECT THERETO. <br /> LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF <br /> ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY <br /> REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING <br /> THE PRESENT OR FUTURE SUITABILITY OF THE CITY PROPERTY FOR <br /> LICENSEE'S INTENDED WORK,ACTIVITIES OR FACILITIES. <br /> 3. Authorized Activities on Citv Property. <br /> A. Authorized Activities on the Cit,��pert� LICENSEE and LICENSEE Parties <br /> may enter upon and use the City Property solely for the placement, operation, and <br /> maintenance of groundwater treatment system, including water treatment tanks, <br /> used in support of dewatering demands for the Project (collectively, "Activities"). <br /> LICENSEE and LICENSEE Parties shall not conduct any construction activities on <br /> the City Property, other than construction necessary to implement the Activities. <br /> LICENSEE and LICENSEE Parties shall not use the City Property for any other <br /> purpose without first obtaining CITY's written consent. <br /> B. Alterations. LICENSEE and LICENSEE Parties may install certain facilities on <br /> the City Property as follows(collectively"Permitted Facilities"):(1)Groundwater <br /> treatment system as specified in the waste discharge permit issued by the San <br /> Francisco Regional Water Quality Control Board on September 26, 2013 and <br /> attached hereto as Exhibit B, and (2) any fencing necessary to secure the <br /> groundwater treatment system. Except as expressly provided above with respect to <br /> the Permitted Facilities, LICENSEE or LICENSEE Parties shall not make any <br /> alterations,additions, improvements or other changes without CITY's prior written <br /> consent, which CITY may withhold in its sole and absolute discretion. The <br /> Permitted Facilities, and all other alterations, additions, improvements or other <br /> changes on or with respect to the City Property for which the consent of the City <br /> has been secured are hereinafter collectively referred to as the "Alterations." All <br /> such Alterations shall be made in accordance with all applicable Laws, in a good <br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT <br /> REV:12-10-13 VR Page 2 of 12 <br />