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12. NON-INTERFERENCE WITH CITY USE. RCA'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. RCA 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. RCA shall commence the relocation or <br /> removal within thirty (30) days of notice by the City that RCA must relocate or remove materials. <br /> If RCA fails to commence the relocation or removal as required or, having commenced it, fails to <br /> proceed with reasonable dispatch, the City shall, in addition to its remedy for damages, be <br /> entitled to specific enforcement of RCA 's obligation hereunder and shall also have the right and <br /> authority to remove, at RCA 's expense, such portion of the materials as RCA has failed to <br /> relocate or remove without incurring any liability whatsoever. If relocation or removal of RCA's <br /> materials is required, the City shall provide an equally suitable portion of the same property for <br /> storage of materials until the end of the lease period. <br /> 14. REPAIR OF PROPERTY. RCA shall use care to avoid damaging or destroying property by <br /> reason of its operations pursuant to this License. Any damage caused by RCA to City or other <br /> property shall be promptly repaired or replaced by RCA to the satisfaction of the City, or in lieu <br /> of such repair or replacement, RCA shall pay, to the City or owner of other property, money in <br /> an amount sufficient to compensate for the loss sustained by reason of damage to or <br /> destruction of City's or other party's property or improvements. <br /> 15. RISK OF LOSS TO RCA'S PROPERTY. RCA bears all risk of any and all damage and loss to <br /> its property being utilized and/or stored on the site. <br /> 16. NO WARRANTY. City does not warrant its title and ownership of the Property. <br /> 17. 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 RCA The use of the portion of the property covered by <br /> this license agreement by OTHERS shall be limited to activities that do not prohibit RCA from <br /> performing their intended on site operations. <br /> 18. RESERVATION OF RIGHTS. The City reserves all rights not expressly restricted by this <br /> License. <br /> 19. NO THIRD PARTY RIGHTS. This License does not create any rights in any third party. <br /> 20. APPLICABLE LAW AND VENUE. The laws of the State of Washington shall apply to this <br /> License. Venue for any lawsuit arising out of or related to this License shall be in Snohomish <br /> County Superior Court, Washington. <br /> Grantor: <br /> CITY OF EVERETT <br /> page 3 <br />