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<br /> <br />- 3 - <br />129684302.6 0073013-00097 <br />(a) Following the Commencement Date, the City may designate a Sub-Area as <br />“Active” or “Inactive” by delivering not less than thirty (30) days’ prior written notice to the Port; <br />provided, that in order for a Sub-Area to be considered Inactive, (i) the City must have removed <br />all equipment, materials, and security fencing from the applicable Sub-Area, (ii) the City must <br />have restored the applicable Sub-Area to a clean and serviceable condition, reasonable wear and <br />tear excepted, and (iii) the Port shall have inspected and reasonably approved such restoration. For <br />clarity, the License Fee shall not be due with respect to any Sub-Area that is Inactive. <br />Notwithstanding the foregoing, once a Sub-Area is designated Inactive, the City may not designate <br />such Sub-Area as Active without the Port’s prior written approval, which may be withheld in the <br />Port’s sole discretion. <br />(b) The License Fee (i) shall be due on the first day of each month until the <br />Termination Date (provided the license fee for the month in which the Commencement Date occurs <br />shall be due on the Commencement Date and shall be prorated on a daily basis for the number of <br />days of the month in which the Commencement Date occurs), (ii) shall be delinquent if not paid <br />when due and not thereafter paid within ten (15) days of a written demand for payment, and (iii) <br />shall be prorated on a daily basis for the number of days of the month in which the Term expires <br />or a Sub-Area is designated Inactive, as applicable. <br />(c) Following the expiration or earlier termination of the Term of the License, <br />if the City shall continue to utilize any portion of the License Area without the Port’s written <br />consent, the City shall pay to the Port a License Fee equal to $20,000 per acre of Sub-Area that <br />has been designated as Active, and during such holdover period, the City shall continue to be <br />bound by all of the provisions of this Agreement. <br />4. Use of License. In accordance with the terms and conditions of this Agreement, <br />the Parties agree as follows: <br />(a) Except for provided for elsewhere herein, the Port shall not be responsible <br />for any obligation, cost, expense, or other amount in connection with this Agreement. <br />(b) The City shall comply, and shall ensure that the City Parties comply, with <br />the requirements set forth in Exhibit C (collectively, the “License Requirements”). <br />(c) The City shall provide the Port with thirty (30) days’ written notice prior to <br />any City Party first commencing activities within the License Area. The City and the Port shall <br />have weekly coordination meetings, to coordinate on the City’s activities within the License Area. <br />(d) The Port shall have the right, but not the obligation, to monitor the City <br />Parties’ activities within the License Area; provided that the Port does not interfere with the City’s <br />rights herein, and that the Port’s right to so monitor shall be solely for the Port’s own benefit, at <br />the Port’s sole cost, and the Port shall have no duty to ensure that the City Parties’ activities within <br />the License Area comply with any legal or insurance requirements. The City shall ensure that all <br />contractors and subcontractors performing work within the License Area are licensed and bonded <br />as required by state law. Before any activity commences within the License Area, the City shall <br />cause any contractor or subcontractor to provide evidence of insurance in the form of an ACORD <br />certificate of insurance and additional insured endorsement(s), which shall name the Port as an