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is required to be covered hereunder. Moreover, the City shall be an additional insured, <br /> where additional insured status is required, for the full available limits of liability <br /> maintained by PHDLLC, whether those limits are primary, excess, contingent or <br /> otherwise. <br /> 12. NON-INTERFERENCE WITH CITY USE. PHDLLC's use of the Property shall <br /> not interfere in any way with any City use of the property, including utilities and travel. <br /> 13. RELOCATION. PHDLLC specifically agrees to relocate or remove, whichever the <br /> City requires, all or any part of its materials located on the Property due to maintenance, <br /> repair, or construction of City's property or a City improvement. PHDLLC shall <br /> commence the relocation or removal within thirty(30)days of notice by the City that <br /> PHDLLC must relocate or remove materials. If PHDLLC fails to commence the <br /> relocation or removal as required or, having commenced it, fails to proceed with <br /> reasonable dispatch,the City shall, in addition to its remedy for damages, be entitled to <br /> specific enforcement of PHDLLC 's obligation hereunder and shall also have the right <br /> and authority to remove, at PHDLLC 's expense, such portion of the materials as <br /> PHDLLC has failed to relocate or remove without incurring any liability whatsoever. If <br /> relocation or removal of PHDLLC's materials is required,the City shall provide an <br /> equally suitable portion of the same property for storage of materials until the end of the <br /> lease period. <br /> 14. REPAIR OF PROPERTY. PHDLLC shall use care to avoid damaging or <br /> destroying property by reason of its operations pursuant to this License. Any damage <br /> caused by PHDLLC to City or other property shall be promptly repaired or replaced by <br /> PHDLLC to the satisfaction of the City, or in lieu of such repair or replacement, <br /> PHDLLC shall pay, to the City or owner of other property, money in an amount <br /> sufficient to compensate for the loss sustained by reason of damage to or destruction of <br /> City's or other party's property or improvements. <br /> 15. RISK OF LOSS TO PHDLLC'S PROPERTY. PHDLLC bears all risk of any and <br /> all damage and loss to its property being utilized and/or stored on the site. <br /> 16. PRIOR NOTICE OF INSTALLATION. Prior to any installation of any fencing <br /> within the Property, PHDLLC will supply the City with a drawing and any necessary <br /> specifications relating to the use of the City's Property. PHDLLC must obtain City <br /> approval of any fencing and its location prior to installation. The City's review, <br /> comments and approval shall not create any liability by the City for any action or inaction <br /> by it relating to such review, and PHDLLC shall remain wholly responsible for the <br /> safety, adequacy, suitability, utility, and constructability of its facility and equipment. <br /> 17. NO WARRANTY. City does not warrant its title and ownership of the Property. <br /> page 3 <br />