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12. NON-INTERFERENCE WITH CITY USE. PHDLLC's use of the Property shall not interfere in <br /> any way with any City use of the property, including utilities and travel. <br /> 13. RELOCATION. PHDLLC specifically agrees to relocate or remove, whichever the City <br /> requires, all or any part of its materials located on the Property due to maintenance, repair, or <br /> construction of City's property or a City improvement. PHDLLC shall commence the relocation <br /> or removal within thirty (30) days of notice by the City that PHDLLC must relocate or remove <br /> materials. If PHDLLC fails to commence the relocation or removal as required or, having <br /> commenced it, fails to proceed with reasonable dispatch, the City shall, in addition to its <br /> remedy for damages, be entitled to specific enforcement of PHDLLC's obligation hereunder and <br /> shall also have the right and authority to remove, at PHDLLC 's expense, such portion of the <br /> materials as PHDLLC has failed to relocate or remove without incurring any liability whatsoever. <br /> If relocation or removal of PHDLLC's materials is required, the City shall provide an equally <br /> suitable portion of the same property for storage of materials until the end of the lease period. <br /> 14. REPAIR OF PROPERTY. PHDLLC shall use care to avoid damaging or destroying property by <br /> reason of its operations pursuant to this License. Any damage caused by PHDLLC to City or <br /> other property shall be promptly repaired or replaced by PHDLLC to the satisfaction of the City, <br /> or in lieu of such repair or replacement, PHDLLC shall pay, to the City or owner of other <br /> property, money in an amount sufficient to compensate for the loss sustained by reason of <br /> damage to or destruction of City's or other party's property or improvements. <br /> 15. RISK OF LOSS TO PHDLLC'S PROPERTY. PHDLLC bears all risk of any and all damage and loss <br /> to its property being utilized and/or stored on the site. <br /> 16. PRIOR NOTICE OF INSTALLATION. Prior to any installation of any fencing within the <br /> Property, PHDLLC will supply the City with a drawing and any necessary specifications relating <br /> to the use of the City's Property. PHDLLC must obtain City approval of any fencing and its <br /> location prior to installation. The City's review, comments and approval shall not create any <br /> liability by the City for any action or inaction by it relating to such review, and PHDLLC shall <br /> remain wholly responsible for the safety, adequacy, suitability, utility, and constructability of its <br /> facility and equipment. <br /> 17. NO WARRANTY. City does not warrant its title and ownership of the Property. <br /> 18. NON-EXCLUSIVE. This license is not exclusive. The City is not prohibited from granting <br /> permission to others to occupy or use portions of the Property where such uses are not <br /> inconsistent with the License granted to PHDLLC The use of the portion of the property covered <br /> by this license agreement by OTHERS shall be limited to activities that do not prohibit PHDLLC <br /> from performing their intended on site operations. <br /> 19. RESERVATION OF RIGHTS. The City reserves all rights not expressly restricted by this <br /> License. <br /> page 3 <br />