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<br />152414712.6 0073013-00096
<br />(f) All work by the City Parties shall conform to, and shall be conducted in
<br />accordance with, any and all applicable ordinances, laws, rules, and regulations and other
<br />requirements of any governmental authorities having jurisdiction over the Port Property, including,
<br />without limitation, all permitting, consent and approval requirements of such authorities.
<br />Additionally, the Port Property is subject to covenants, agreements, and other encumbrances; and
<br />the City shall comply with such covenants, agreements, and encumbrances to the extent the City
<br />has notice of them. The City hereby acknowledges that the City has received copies of all
<br />documents recorded against the Port Property.
<br />(g) The City shall not permit any lien or claim of preconstruction, construction,
<br />mechanics, laborers or materialmen to be filed against the Port Property, or any part thereof, for
<br />any work, labor or materials furnished, alleged to have been furnished or to be furnished pursuant
<br />to any agreement by the City. Notwithstanding the foregoing, if any lien is so filed against the Port
<br />Property, within thirty (30) days after the date of the filing or recording of any such lien, the City
<br />shall cause the same to be paid and discharged of record, or, if the City contests the amount
<br />allegedly due or the right of the lien or to make its lien claim, the City shall cause a bond for at
<br />least one-hundred-twenty-five percent (125%) of the amount of the disputed lien claim to be issued
<br />in favor of the Port to protect the Port from any damage resulting from the lien during the entire
<br />time of any proceeding in which the City contests the lien. If the City shall fail to obtain a bond or
<br />otherwise discharge such lien within such 30-day period then the Port may, after fourteen (14)
<br />days’ written notice to the City and the City’s failure to obtain a bond or other discharge of such
<br />lien during such fourteen-day period, do so and shall be entitled to collect from the City all fees,
<br />costs, and expenses, including attorneys’ fees and costs, reasonably incurred by the Port to
<br />discharge such lien.
<br />(h) If, in connection with the use, occupation and enjoyment of the License, the
<br />City, or any party acting by, through or under the City, damages or destroys any landscape,
<br />hardscape, street, road, sidewalk or other improvements of the Port, the City shall repair or replace
<br />such damaged or destroyed improvements at its sole cost and expense before the end of the Term
<br />damage occurred to a condition substantially identical to that existing before any such damage or
<br />destruction. This allowance of time does not extend the Term of this Agreement.
<br />4. Breach of Repair Obligations. In the event the City fails to timely repair in
<br />accordance with Section 3(g) above, any damages caused by, or under, the City Parties to the
<br />Construction and Laydown Area, the Port Property, or any improvements or property located
<br />thereon, the Port shall have the right, upon thirty (30) days’ prior written notice to the City (and
<br />except in the event the City shall repair any such damages within any such thirty (30) day period
<br />or, in the event more than thirty (30) days shall be required to complete any such repairs, the City
<br />shall have commenced such repair within such thirty (30) day period and, then, diligently prosecute
<br />the same to completion), to cause the maintenance or repair work specified in such notice to be
<br />commenced and completed and, in any such event, the City shall reimburse the Port for
<br />undertaking the repair work for the total documented cost thereof within thirty (30) days after
<br />receipt of written notice therefor, which notice shall include written evidence of such incurred
<br />costs.
<br />5. General Limitations. This Agreement and the rights and privileges granted
<br />hereunder shall be subject to and/or limited as follows:
<br />Docusign Envelope ID: FCDA8FD2-3083-801E-8246-9D6ED260E205
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