25I - UTILITIES EASMENT - Laserfiche WebLink

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12. ATTORNEY'S FEES (PMES17.1 S) 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 i In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and costs. 13. AMENDMENTS (PMES19.1 S) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the Official Records of the County of Orange. 114 AUTHORITY (PMES20.1 S) The parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 15. WAIVER OF RIGHTS (PMES22.1 S) The failure of GRANTOR or GRANTEE to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that GRANTOR or GRANTEE may have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 16. CONSTRUCTION AND RELOCATION (N) Any portion of the Distribution Facilities traveling or penetrating through the existing structures adjacent to or below GRANTEE's City Hall shall be vertically limited between the underside of ceiling beams and finished floor elevations of basement structures although GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. Should an additional vertical easement space be needed below the basement floor then it shall not be below the bottom of the building footing or the bottom of any building pile cap. Vertical clearances shall meet the requirements of the current applicable California Building Code at the time of application for permit. Distribution Facilities traveling or penetrating through the parking structure between the County Courthouse and GRANTOR's City Library shall also be vertically limited between the underside of ceiling beams and finished floor elevations for the particular level of this structure that is entered by these facilities. GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. GRANTOR approved penetration of the particular level (or levels) required to reach the terminus of the facilities shall also be permitted as required. GRANTEE shall apply for and obtain all permits from GRANTOR for construction and relocation work. The Distribution Facilities within the structures shall be placed entirely within the Easement Area, spaced with reasonable clearances from existing facilities and uses and each line shall be specifically identified. GRANTEE shall cooperate in a reasonable manner upon receipt of a written notice from GRANTOR to relocate such facilities within existing structures to allow for necessary modifications to any and all existing GRANTOR's facilities or structures. GRANTOR 251-519