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remedy for damages, be entitled to specific enforcement of Glacier's obligation hereunder and <br /> shall also have the right and authority to remove, at Glacier's expense, such portion of the <br /> facilities as the Glacier has failed to relocate or remove without incurring any liability <br /> whatsoever. <br /> 13. REPAIR OF PROPERTY. Glacier shall use care to avoid damaging or destroying <br /> property by reason of its operations pursuant to this License. Any damage caused by Glacier <br /> to City or other property shall be promptly repaired or replaced by Glacier to the satisfaction <br /> of the City, or in lieu of such repair or replacement, Glacier shall pay, to the City, money in an <br /> amount sufficient to compensate for the loss sustained by the City by reason of damage to or <br /> destruction of City's property or improvements. <br /> 14. RISK OF LOSS TO GLACIER'S FACILITIES. Glacier bears all risk of any and all <br /> damage and loss to its equipment or facilities due to its operations pursuant to this License, <br /> whether such equipment or facility is located on the Property or elsewhere. <br /> 15. PRIOR NOTICE OF INSTALLATION. Prior to any installation or modification or <br /> extension of any facility within the Property, Glacier will first supply the City with detailed <br /> drawings and specifications relating to such proposed construction and that no construction, <br /> installation or modification of facilities will be performed until the plans have been reviewed <br /> in writing by the City; provided, however, that the City's review shall not create any liability <br /> by the City for any action or inaction by it relating to such review, and Glacier shall remain <br /> wholly responsible for the safety, adequacy, suitability, utility, and constructability of its <br /> facility and equipment. <br /> 16. NO WARRANTY. City does not warrant its title and ownership of the Property. <br /> 17. NON-EXCLUSIVE. This license is not exclusive. The City is not prohibited from <br /> granting permission to others to occupy or use portions of the Property where such uses are <br /> not inconsistent, and do not interfere, with the License granted to the Glacier. <br /> 18. RESERVATION OF RIGHTS. The City reserves all rights not expressly restricted by <br /> this License. <br /> 19. NO THIRD PARTY RIGHTS. This License does not create any rights in any third <br /> party. <br /> 20. APPLICABLE LAW AND VENUE. The laws of the State of Washington shall apply <br /> to this License. Venue for any lawsuit arising out of or related to this License shall be in <br /> Snohomish County, Washington. <br /> 21. INSPECTION. Glacier shall obtain the service of a professional structural engineer <br /> licensed in Washington State to perform a structural inspection and certify the fitness of the <br /> structure to safely perform its intended use. The inspection shall be performed once during the <br /> five-year lease period or extension with a copy provided to the City. <br /> GLACIER NW-WILDER CONST Conveyor License 2019.V2 - 4 - <br />