|
3
<br />8. MAINTENANCE OF LICENSED PROPERTY. Licensee shall at all times throughout
<br />the Term keep the Licensed Property in good order, condition and repair. Licensee shall maintain
<br />the Licensed Property in a clean, orderly and neat appearance, and shall not permit any offensive
<br />odors to emit from the Licensed Property and shall not commit waste nor permit any waste to
<br />be committed in the Licensed Property. Except to the extent this License specifically states
<br />otherwise, Licensee is responsible for maintenance of the Licensed Property. Licensee shall use
<br />care to avoid damaging or destroying the City property by reason of its operations pursuant to
<br />this License. Any damage caused by Licensee to the City or other property shall be promptly
<br />repaired or replaced by Licensee.
<br />9. THE CITY’S ACCESS FOR REPAIRS. The City reserves the right to make repairs,
<br />alterations, connections or extensions to the Licensed Property as the City deems necessary, and
<br />Licensee shall permit the City to enter the Licensed Property for this purpose at any time.
<br />10. ALTERATIONS; SIGNS. Licensee shall not make or permit to be made any
<br />alterations, additions, improvements or installations in or to the Licensed Property (including
<br />telecommunication facilities), or place signs or other displays visible from outside of the Licensed
<br />Property, without first obtaining the written consent of the City, which may be withheld in the
<br />City’s sole discretion. Prior to any alteration of the Licensed Property, the Licensee will supply
<br />the City with a drawing and any necessary specifications relating to its proposed alteration of the
<br />Licensed Property. The City’s review, comments, and approval shall not create any City liability
<br />for any action or inaction relating to such review, and Licensee shall remain wholly responsible
<br />for the safety, adequacy, suitability, utility, and constructability of its alteration.
<br />11. SUBLETTING AND ASSIGNMENT. This License is personal to the Licensee and may
<br />not be transferred, assigned, subleted, conveyed, pledged, encumbered, or hypothecated.
<br />12. SURRENDER OF LICENSED PROPERTY. Licensee shall, at the expiration or earlier
<br />termination of this License, surrender and deliver the Licensed Property to the City (i) in as good
<br />condition as when received by Licensee from the City or as later improved, reasonable use and
<br />wear excepted, and (ii) free from any occupancy by any person.
<br />13. INDEMNIFICATION.
<br />(a) Indemnity. Licensee shall indemnify, defend and hold harmless the City
<br />against and from any and all claims, actions, damages, liability, costs and expenses, including
<br />attorney’s fees, arising out of or relating to (a) Licensee’s use of the Licensed Property or from
<br />the conduct of Licensee’s business or from any activity, work, or other things done or permitted
<br />by Licensee in or about the Licensed Property, (b) any breach or default in the performance of
<br />any obligation on Licensee’s part to be performed under the terms of this License, (c) any act or
<br />omission, negligence or willful misconduct of Licensee, or any officer, agent, employee, guest, or
<br />invitee of Licensee, and from all costs, damages, attorneys’ fees and liabilities incurred in defense
<br />of any such claim in any action or proceedin g brought thereon. Licensee, as a material part of
<br />the consideration to the City, hereby assumes all risk of damage to property or injury to persons
<br />in, upon or about the Licensed Property from any cause other than and to the extent of the City’s
<br />gross negligence or willful misconduct. Licensee shall give prompt notice to the City in case of
<br />casualty or accident in the Licensed Property. This Section shall survive the expiration or
|