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License Area clean up shall be completed to the sole satisfaction of the City no later than the times specified
<br /> in the License as stated in paragraph 1 above,and the License shall be extended to such time for the limited
<br /> purpose of allowing the clean up to be completed.
<br /> 4. Damage. In the event that Licensee damages any portion of the License Area or the
<br /> improvements or equipment therein,Licensee shall immediately repair the damage at Licensee's sole cost.
<br /> Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the
<br /> City for its cost within fifteen(15)days of receipt of written demand from City.
<br /> 5. Licensee Parties. Licensee, together with its employees, subcontractors, agents,
<br /> representatives,and all persons entering the License Area,by or through or at the direction of Licensee,are
<br /> collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee
<br /> Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
<br /> 6. Fee. As consideration for this Agreement, Licensee shall pay City a monthly license fee
<br /> of$24,967.03. License fees for any partial month shall be pro-rated.Payment shall be made payable to the
<br /> City of Santa Ana, in advance for each month, no later than the 10s'of the prior month, at the following
<br /> address:Public Works Agency,City of Santa Ana M-21,Administrative Services Manager,20 Civic Center
<br /> Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any
<br /> payment hereunder due but unpaid after the 10d'of the month. The consideration for this License shall be
<br /> subject to a CPI adjustment annually utilizing the most recently published annual average, on the
<br /> anniversary of the Effective Date during the term hereof.
<br /> 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 /> 8. Insurance.
<br /> 8.1 Licensee shall maintain commercial general liability insurance which shall
<br /> include, but not be limited to, protection against claims arising from bodily and personal injury, including
<br /> death resulting therefrom and damage to property, resulting from any act or occurrence arising out of
<br /> Licensee's use of the Property, including,without limitation,acts involving vehicles.
<br /> 8.2 The amounts of insurance shall be not less than the following:single limit coverage
<br /> applying to bodily and personal injury, including death resulting therefrom, and property damage, in the
<br /> total amount of$2,000,000 per occurrence and$5,000,000 in the aggregate. Such insurance shall (a)name
<br /> the City, its City Council, its officers, employees, agents, volunteers and representatives as additional
<br /> insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs
<br /> maintained by the City;and(c)contain standard separation of insureds provisions.
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