SCE Doc. 319004 Att. Contract No. 9.5074
<br />
<br />
<br />
<br /> Initial (_______)(_____/______/______)
<br /> Licensor/Licensee
<br />-5-
<br />
<br />Rev8 2016-05-11 GS-JC
<br />
<br />“Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days
<br />prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice
<br />before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the
<br />event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at
<br />least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance
<br />policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and
<br />non-contributory with any insurance or self-insurance maintained by Licensor.
<br />
<br />5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns,
<br />have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity
<br />on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in
<br />compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops
<br />located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the
<br />Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this
<br />Article.
<br />
<br />6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
<br />complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding,
<br />and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days
<br />prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall
<br />be developed in accordance with the guidelines contained in the Appendix to this License. It is
<br />understood and agreed that the general guidelines contained in the Appendix are intended to provide a
<br />framework for the development of conceptual plans only; and that Licensor may modify or add to the
<br />conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing
<br />or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior
<br />written approval plans for any modifications to such improvements. Written approval may be modified
<br />and/or rescinded by Licensor for any reason whatsoever.
<br />
<br />To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for
<br />purposes of determining whether said improvements are compatible with Licensor’s use of the Property.
<br />Under no circumstances shall such review and/or approval be construed as a warranty, representation,
<br />or promise that the Property is fit for the proposed improvements, or that said improvements comply
<br />with any applicable city, state, or county building requirements, other legal requirements, or the
<br />generally accepted standard of care.
<br />
<br />At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved
<br />improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not
<br />required, at any time, to make any repairs, improvements, alterations, changes or additions of any
<br />nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that
<br />any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with
<br />Articles 28, and/or 30.
<br />
<br />7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s
<br />personal property on the Property consistent with the use identified in Article 1 and other terms of this
<br />Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination
<br />or expiration of this Agreement. All equipment and other property brought, placed or erected on the
<br />Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
<br />Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising
<br />out of Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal
<br />property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s
|