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<br />7. INSPECTION AND RIGHT-OF-ENTRY. The City and its agents shall have the right,
<br />but not the duty, to inspect the Licensed Property at any time to determine whether Licensee is
<br />complying with the terms of this License.
<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
<br />maintain the Licensed Property in a clean, orderly and neat appearance, and shall not permit
<br />any offensive odors to emit from the Licensed Property and shall not commit waste nor permit
<br />any waste to be committed in the Licensed Property. Except to the extent this License
<br />specifically states otherwise, Licensee is responsible for maintenance of the Licensed Property.
<br />Licensee shall use care to avoid damaging or destroying the City property by reason of its
<br />operations pursuant to this License. Any damage caused by Licensee to the City or other
<br />property shall be promptly 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,
<br />and 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
<br />Licensed Property, without first obtaining the written consent of the City, which may be
<br />withheld in the City’s sole discretion. Prior to any alteration of the Licensed Property, the
<br />Licensee will supply the City with a drawing and any necessary specifications relating to its
<br />proposed alteration of the Licensed Property. The City’s review, comments, and approval shall
<br />not create any City liability for any action or inaction relating to such review, and Licensee shall
<br />remain wholly responsible for the safety, adequacy, suitability, utility, and constructability of its
<br />alteration.
<br />11. SUBLETTING AND ASSIGNMENT. This License is personal to the Licensee and
<br />may not be transferred, assigned, subleted, conveyed, pledged, inherited, encumbered, or
<br />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
<br />good condition as when received by Licensee from the City or as later improved, reasonable use
<br />and 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,
<br />or invitee of Licensee, and from all costs, damages, attorneys’ fees and liabilities incurred in
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