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e <br />At the completion of the demonstration period, EARTHTEK shall remove the Kilowatt <br />Buster and restore the electrical system to the condition it existed prior to the installation <br />of said Kilowatt Buster. <br />This License and Right of Entry shall commence on execution of this Agreement and shall <br />expire September 30, 2009, unless extended by written agreement between the undersigned and <br />the City. The term of this Agreement may be extended at the sole and absolute discretion of the <br />Executive Director of the Finance and Management Services Agency and the City Attorney, or <br />their designees. <br />b. It is expressly understood that this Agreement does not in any way grant or <br />convey any rights of possession, easement or other interest in the Property and/or fixtures and/or <br />personal property affixed to said Property to EARTHTEK. It is further expressly understood that <br />EARTHTEK shall be accompanied by the City's Property Maintenance Supervisor while on site <br />at said Property. <br />2. City Obligations <br />City shall provide to EARTHTEK, utility bills for the Property for the period from June - <br />September 2008 and June -September 2009. <br />City shall inform EARTHTEK of any changes in the use of the Property during the past <br />one year period. <br />City certifies that the Property is separately metered, is not currently using power <br />conditioners and has not undergone material improvements, such as installing A/C within the last <br />year. <br />3. Agreement. By execution of this Agreement, EARTHTEK agrees for itself and <br />on the behalf of its employees, agents, consultants and contractors as follows: <br />(a) EARTHTEK warrants that the Kilowatt Buster directs the electrical <br />current without producing thermal energy, and will not damage, in any manner, the electrical <br />system of the Property. <br />(b) EARTHTEK warrants that it will not permit any dangerous condition to <br />be created on the Property. <br />(c) All work done by EARTHTEK on the Property will be done in a careful <br />and reasonable manner by a licensed electrician, in accordance with all federal, state and local <br />laws. <br />(d) EARTHTEK shall enter the Property to install and monitor the Kilowatt <br />Buster entirely at its own cost, risk and expense. <br />(e) The rights herein granted to EARTHTEK, are exclusive, and EARTHTEK <br />may not assign, transfer, delegate or subcontract any interest herein without the prior expressed <br />written approval of the undersigned. <br />