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Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses <br />identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City <br />with a list of buses that will use Bus Bay #8 as a precondition for use of the Bus Bays. Any additional <br />buses must be approved by the City prior to beginning service. The use of any non -approved bus at the <br />SARTC by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA, or <br />any other applicable government or regulatory body, shall constitute a breach of this Agreement and will <br />result in immediate termination thereof. <br />1.6 Compensation. As consideration for its use of the License Area and related Facilities, <br />Licensee agrees to pay a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00) per month <br />("License Fee") for the term of this Agreement. Licensee shall commence the payment of the License Fee <br />on the Effective Date. Such payment shall be made payable to the City of Santa Ana, in advance for each <br />month, and at the following address: payable to "The City of Santa Ana" and remitted to: City of Santa <br />Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge often percent <br />00%) shall be applied to any payment hereunder due but unpaid after the 1 Ott' of the month. The <br />consideration for this License shall be subject to a CPI adjustment annually for the most current period <br />(for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. <br />1.7 AS -IS Condition. City makes no representation or warranty of any kind as to the condition <br />of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby <br />disclaims and waives any and all objections to the physical and other characteristics and conditions of the <br />License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of <br />Licensee's own investigation of the condition of the License Area. The license to use the License Area <br />shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty <br />expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby <br />acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. <br />Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition <br />at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area <br />is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged <br />or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no <br />obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. <br />1.8 No assignment of License. The permission, rights and privileges granted hereunder are <br />nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or <br />transfer this License or any obligation, right, title or interest assumed by Licensee herein without the prior <br />written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation, <br />right, title or interest herein, City may at its option, terminate the License pursuant to Section 1.10 below <br />and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. <br />1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and <br />Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the <br />exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities <br />caused by its use of the Facilities. <br />No temporary or permanent signs or awning shall be erected or maintained upon or attached to the <br />outside of the premises except such signs which have been approved in advance by City. <br />1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend <br />all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or <br />