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N-2018-118 <br />4. Agreement <br />By execution of this Agreement, each Licensee agrees for itself and on the behalf of its employees, <br />agents, consultants and contractors as follows: <br />a. The Street Furniture owned by Licensor shall only be used for special events pre - <br />approved by Licensor, and for no other purposes without the prior written approval of <br />Licensor; <br />b. Licensees shall be responsible for obtaining any and all required permits, if any, for use <br />of the Street Furniture; <br />c. Licensor retains ownership and the right to use the Street Furniture at its sole discretion. <br />As a courtesy, Licensor will work with Licensees to provide notice of when Licensor will <br />be using the Street Furniture; <br />d. There is no payment due to Licensor or Licensees for use of the Street Furniture; <br />e. The Street Furniture must be returned to Licensor in the condition it was received, other <br />than normal wear and tear and the Licensees shall be responsible for all reasonable repairs <br />or replacement, should damage occur during the term of this Agreement; <br />f If the Street Furniture is damaged or not available for any reason, Licensor shall not be <br />liable to Licensees in any way, and Licensor shall not be responsible for making <br />alternative arrangements for Licensees; <br />g. DTI shall be the responsible organization for deploying and placing the Street Furniture <br />for each Licensee's approved special events, and for removing and returning the Street <br />Furniture to the storage location designated by Licensor at the conclusion of each <br />Licensee's approved special events; <br />h. The Street Furniture must be used as intended and not placed or maintained in an unsafe <br />position or condition; <br />i. Inspect the Street Furniture prior to use for obvious safety concerns and significant <br />damage that may exist to the Street Furniture, and in no event should the Street Furniture <br />be used with deficiencies that may make it unsafe; and, <br />j. Licensees shall use the Street Furniture entirely at its own cost, risk and expense. <br />Licensor makes no representation or warranty of any kind as to the condition of the Street <br />Furniture or any other matter relating to Licensees' use of the Street Furniture. Each <br />Licensee hereby disclaims and waives any and all objections to the physical and other <br />characteristics and conditions of the Street Furniture. Each Licensee acknowledges and <br />agrees that the use of the Street Furniture will be on the basis of each Licensee's own <br />investigation of the condition of the Street Furniture. The license to use the Street <br />Furniture shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without <br />representation or warranty expressed or implied by Licensor, or by operation of law. <br />Licensor expressly disclaims, which each Licensee hereby acknowledges and accepts, <br />2 <br />