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(e) The Work and City Improvements shall conform to, and shall be conducted
<br /> in accordance with, any and all applicable ordinances, laws, rules, and regulations and other
<br /> requirements of any governmental authorities having jurisdiction over the Port Property,including,
<br /> without limitation,all permitting,consent and approval requirements of such authorities;provided,
<br /> the Port shall cooperate in securing such permitting, consents, or approvals necessary to perform
<br /> the Work and install the City Improvements. Additionally, the Port Property is subject to
<br /> covenants, agreements, and other encumbrances; and the City shall comply with such covenants,
<br /> agreements, and encumbrances to the extent the City has notice of them. The City hereby
<br /> acknowledges that the City has received copies of all documents recorded against the Port
<br /> Property.
<br /> 1 (f) The City shall not permit any lien or claim of preconstruction,construction,
<br /> mechanics, laborers or materiahnen to be filed against the Port Property, or any part thereof, for
<br /> any work, labor or materials furnished, alleged to have been furnished or to be furnished pursuant
<br /> to any agreement by the City.Notwithstanding the foregoing,if any lien is so filed against the Port
<br /> Property, within thirty (30) days after the date of the filing or recording of any such lien, the City
<br /> shall cause the same to be paid and discharged of record, or, if the City contests the amount
<br /> allegedly due or the right of the lien or to make its lien claim, the City shall cause a bond for at
<br /> least one-hundred-twenty-five percent(125%)of the amount of the disputed lien claim to be issued
<br /> in favor of the Port to protect the Port from any damage resulting from the lien during the entire
<br /> time of any proceeding in which the City contests the lien. If the City shall fail to obtain a bond or
<br /> otherwise discharge such lien within such 30-day period then the Port may, after fourteen (14)
<br /> days' written notice to the City and the City's failure to obtain a bond or other discharge of such
<br /> lien during such fourteen-day period, do so and shall be entitled to collect from the City all fees,
<br /> costs, and expenses, including attorneys' fees and costs, reasonably incurred by the Port to
<br /> discharge such lien.
<br /> (g) If, in connection with the use, occupation and enjoyment of the License,the
<br /> City, or any party acting by, through or under the City, damages or destroys any landscape,
<br /> hardscape, street,road, sidewalk or other improvements of the Port,the City shall repair or replace
<br /> such damaged or destroyed improvements at its sole cost and expense within thirty (30) days of
<br /> the date such damage occurred to a condition substantially identical to that existing before any
<br /> such damage or destruction; provided, however, (i) the cargo storage pad (as identified on
<br /> Exhibit C) must be restored within the time of release, as described in Exhibit E; (ii) if the repair
<br /> or replacement work will require more than thirty (30) days to complete, the City shall have
<br /> additional time as may be required by the circumstances, not to exceed ninety (90) days, to
<br /> complete such work, so long as the City shall commence the repair or replacement work within
<br /> such thirty(30) day period and diligently prosecute the same to completion; and(iii)if such repair
<br /> or replacement work involves environmental remediation or other environmental work, then such
<br /> work is governed by the provisions of this Agreement relating to such work and by the
<br /> Environmental Indemnification Agreement. This allowance of time does not extend the Term of
<br /> this Agreement.
<br /> ' S. Breach of Repair Obligations. In the event the City fails to timely repair in
<br /> accordance with Section 4(g) any damages caused by, or under, the City to the License Area, the
<br /> Port Property,or any improvements or property located thereon,the Port shall have the right,upon
<br /> thirty (30) days' prior written notice to the City (and except in the event the City shall repair any
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<br /> I112558540.8 0073013-00041
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