Laserfiche WebLink
<br /> <br />- 5 - <br />129684302.6 0073013-00097 <br />6. Security; Access. <br />(a) The City shall install temporary fencing and gates as necessary to preserve <br />at all times adequate federal security fencing at the Port Property, including, without limitation, <br />complying with at least the minimum applicable Maritime Security (MARSEC) requirements. The <br />City shall install the foregoing MARSEC compliant security fencing and gates in other areas of <br />the License Area where required along the boundary of the License Area to maintain a secure <br />perimeter, which shall be approved in advance by the Port. The City shall maintain continuous and <br />uninterrupted security for the License Area, in accordance with the Port’s existing requirements, <br />including, without limitation, in the event of any damage to or necessary removal of the existing <br />security fencing and gate system. The City shall maintain and modify the fencing as required. <br />Notwithstanding the exclusive nature of the License, the Port shall be entitled to cross the License <br />Area at all times in order to access portions of the Port Property. To facilitate the foregoing, the <br />City shall install gates in the fencing in areas approved in advance by the Port to give the Port <br />continuous access for vehicles and other equipment across the License Area. <br />(b) A City Party may not access the License Area unless (i) escorted by the Port <br />or its employees or representatives, at the City’s expense, (ii) such City Party has a current <br />Transportation Worker Identification Credential issued by the Transportation Security <br />Administration, or (iii) the License Area is separated from the federally secured area by MARSEC <br />fencing. <br />(c) The City acknowledges that the Port Property serves as a Commercial <br />Strategic Seaport for the Department of Defense and that in the event of a national defense <br />emergency, use of the Port Property, including the License Area, may be restricted and/or <br />terminated. In the event of any national defense emergency that prevents use of the License Use <br />for more than sixty (60) days, either party may terminate this Agreement at any time. <br />7. General Limitations. This Agreement and the rights and privileges granted <br />hereunder shall be subject to and/or limited as follows: <br />(a) The City’s use of the License shall be limited to the uses set forth in this <br />Agreement, and subject to the conditions set forth in this Agreement, including but not limited to <br />the License Requirements. <br />(b) The Port makes no warranties of any kind, express or implied, to the City <br />concerning the condition of or title to the License Area. The City hereby accepts the License Area <br />AS IS, WHERE IS, without any warranties, including but not limited to fitness for a particular <br />purpose. Except to the extent of the Port’s intentional misconduct, negligence or breach of this <br />Agreement, the City hereby assumes all risk and liability of its use of the License Area and the <br />exercise of its rights under this Agreement. Except to the extent of the Port’s intentional <br />misconduct, negligence or breach of this Agreement, the City hereby unconditionally, irrevocably, <br />and forever discharges, waives, and releases the Port from any and all damages, costs, expenses, <br />liabilities, suits and claims, of any nature whatsoever arising from the grant, condition, or use of <br />the License Area by the City or its invitees, licensees, employees, contractors, or agents.