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extension of the License Agreement on a month-to-month basis. In no event shall
<br /> LICENSEE have the right to unilaterally extend the Term beyond the Expiration Date.
<br /> 6. Covenant to Maintain Citv Propertv. In connection with its use hereunder, LICENSEE
<br /> shall at all times, at its sole cost, maintain the City Property in a good, clean, safe, secure,
<br /> sanitary and sightly condition.
<br /> 7. Si�ns. LICENSEE shall not place, erect or maintain any sign, advertisement, banner or
<br /> similar object in, on, or about the City Property without CITY's prior written consent,
<br /> which CITY may withhold in its sole discretion.
<br /> 8. Surrender. Upon the expiration or earlier termination of this License, LICENSEE shall
<br /> surrender the City Property in the same or better condition as received. At such time,
<br /> LICENSEE shall remove all of its property from the City Property and any signs and,upon
<br /> CITY's request, other structures or improvements permitted hereunder, and shall repair, at
<br /> its cost,any damage to the City Property caused by such removal.LICENSEE's obligations
<br /> under this Section shall survive any termination of this License.
<br /> 9. Repair of Damage. If any portion of the City Property or any personal property of CITY
<br /> located on or about the City Property is damaged or threatened by any of the Activities
<br /> conducted by LICENSEE or anyone acting by or through LICENSEE hereunder,
<br /> LICENSEE shall immediately, at its sole cost, notify CITY by facsimile or electronic mail
<br /> of such damage or threat. CITY may, but shall not be obligated,to remedy such damage or
<br /> threat at LICENSEE's sole cost, or CITY may elect to witness LICENSEE's repair work.
<br /> In the event CITY elects not to remedy such damage or threat,LICENSEE shall repair any
<br /> and all such damage and restore the City Property or personal property to its previous
<br /> 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 City
<br /> Property.
<br /> 10. Indemnitv. LICENSEE shall indemnify, defend, reimburse and hold harmless CITY, its
<br /> officers, agents, employees and contractors, and each of them ("Indemnified Parties"),
<br /> from and against any and all demands, claims, legal or administrative proceedings, losses,
<br /> costs, penalties, fines, liens,judgments, damages and liabilities of any kind ("Claims"),
<br /> arising in any manner out of (a) any injury to or death of any person or damage to or
<br /> destruction of any property occurring in, on or about the City Property, and relating to any
<br /> use or activity under this Agreement, (b) any failure by LICENSEE to faithfully observe
<br /> or perform any of the terms, covenants or conditions of this License, (c)the use of the City
<br /> Property or any activities conducted thereon by LICENSEE, its Agents or Invitees, or (d)
<br /> any release or discharge, or threatened release or discharge of any Hazardous Material
<br /> caused or allowed by LICENSEE, its Agents or Invitees, on, in, under or about the City
<br /> Property, any improvements located thereon or into the surrounding environment; except
<br /> to the extent of Claims resulting directly from the gross negligence or willful misconduct
<br /> of CITY or CITY's authorized representatives. In addition to LICENSEE's obligation to
<br /> indemnify CITY, LICENSEE specifically acknowledges and agrees that it has an
<br /> immediate and independent obligation to defend the CITY from any claim that actually or
<br /> potentially falls within this indemnity provision even if such allegation is or may be
<br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT
<br /> REV:12-10-13 VR Page 5 of 12
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