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<br /> <br />- 2 - <br />152414712.6 0073013-00096 <br />the License does not include any right to access any portions of the Port Property outside the <br />Construction and Laydown Area. <br />2. Term of License. The term of the License (the “Term”) shall begin on the date that <br />is thirty (30) days after the City delivers notice to the Port requesting commencement of the Term <br />(the “Commencement Date”), provided that notwithstanding the timing of any such notice, the <br />Commencement Date may only occur between October 1, 2026 and January 31, 2028. If the <br />Commencement Date has not occurred by January 31, 2028, this Agreement shall automatically <br />terminate. The Term of the License shall expire on the earlier of (i) the physical completion of the <br />Pipeline; or (ii) three (3) months after the Commencement Date. <br />3. 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) During the Term, the City shall install and maintain temporary construction <br />fencing that is sufficient to secure the Construction and Laydown Area, screen the site from view, <br />and reduce visual impacts. As soon as practicable following installation of the underground portion <br />of the Pipeline, the City shall reduce the footprint of the fencing in order to permit two-way traffic <br />through Port property. <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 Construction and Laydown Area. At the <br />Port’s request, the City and the Port shall have weekly coordination meetings, to coordinate on the <br />City’s activities within the Construction and Laydown Area. <br />(d) The Construction Area and Laydown Area may be used only during the <br />period commencing September 1 and ending June 1 of each year, so as to avoid impacts to public <br />access during the peak season. For the avoidance of doubt, the City shall direct its contractor to <br />diligently minimize, and where reasonably practicable avoid, work within the Construction Area <br />and Laydown Area during the month of May, in recognition of the commencement of boating <br />season on May 1. <br />(e) The Port shall have the right, but not the obligation, to monitor the City <br />Parties’ activities within the Construction and Laydown Area; provided that the Port does not <br />interfere with the City’s rights herein, and that the Port’s right to so monitor shall be solely for the <br />Port’s own benefit, at the Port’s sole cost, and the Port shall have no duty to ensure that the City <br />Parties’ activities within the Construction and Laydown Area comply with any legal or insurance <br />requirements. The City shall ensure that all contractors and subcontractors performing work within <br />the Construction and Laydown Area are licensed and bonded as required by state law. Before any <br />activity commences within the Construction and Laydown Area, the City shall cause any <br />contractor or subcontractor to provide evidence of insurance in the form of an ACORD certificate <br />of insurance and additional insured endorsement(s), which shall name the Port as an additional <br />insured and shall also provide, at the Port’s written request, the underlying insurance policy to the <br />Port. <br />Docusign Envelope ID: FCDA8FD2-3083-801E-8246-9D6ED260E205