|
FILE: OC-215
<br />of this Agreement. Thereafter, the Base License Fee, as such fee may be adjusted pursuant to
<br />the provisions of Section 2.2, shall be due and payable, without demand, on or before one
<br />month or year, as the case may be, after the Commencement Date and in each month or year,
<br />as the case may be thereafter. The Base License fee for any fractional period at the end of the
<br />Term shall be prorated on a daily basis and shall be reimbursed to Licensee. If the Agreement
<br />is terminated, and the Licensee is nat in breach of the Agreement at such time, the Base
<br />License fee for any fractional period shall be prorated on a daily basis and shall be reimbursed
<br />to Licensee.
<br />2.2 License Fee Adjustment. Intentionally Deleted
<br />3. Taxes. Licensee shall be liable for and agrees to pay promptly and prior to delinquency,
<br />any tax or assessment, including but not limited to any possessory interest tax, levied by any
<br />governmental authority: (a) against the Facility and its operations the License Property and/or
<br />any personal property, fixtures or equipment of Licensee used in connection therewith, or (b) as
<br />a result of the Licensee's parties' use of the License Property, or the Facility.
<br />4. Construction. All Construction work performed or caused to be performed by Licensee on
<br />the Facility or the License Property after the initial construction shall be performed in accordance
<br />with and any and all applicable laws, rules and regulations (including the OCTA's rules and
<br />regulations), and in a manner which (i) meets or exceeds the then applicable standards of the
<br />industry for such Construction work, and (ii) is satisfactory to OCTA. Prior to commencement of
<br />any construction, maintenance, reconstruction, installation, restoration, alteration, repair,
<br />replacement or removal (other than normal maintenance) (hereinafter, "Work") on the License
<br />Property, Licensee shall submit work plans to OCTA for review and approval. Any such
<br />Construction Work must be carried out pursuant to work plans approved in writing by OCTA. In
<br />addition, Licensee shall provide OCTA and all holders of underground utility facilities located
<br />within the License Property with at least 10 calendar days' written notice prior to
<br />commencement of any Work on the License Property or the Facility, except in cases of
<br />emergency, in which event Licensee shall notify OCTA's representative personally or by phone
<br />prior to commencing any Construction Work. Unless otherwise requested by OCTA, upon
<br />completion of any Construction Work, Licensee shall restore the OCTA Property to its condition
<br />immediately preceding the commencement of such Construction Work.
<br />5. Contractors--Approval and Insurance. Any contractors of Licensee performing Work on
<br />the Facility or the License Property shall first be approved in writing by OCTA. With respect to
<br />such Work, Licensee shall, at its sole cost and expense, obtain and maintain in full force and
<br />effect, throughout the term of such Work, insurance, as required by OCTA, in the amounts and
<br />coverages specified on, and issued by insurance companies as described Section 16, attached
<br />hereto and incorporated herein by reference. Additionally, Licensee shall cause any and all of
<br />its contractors and subcontractors which may (a) be involved with such Work, or (b) may, for
<br />any reason, need to enter onto the License Property, to obtain and maintain in full force and
<br />effect during the Term of this Agreement, or throughout the term of such Work (as applicable),
<br />insurance, as required by OCTA, in the amounts and coverages specified on, and issued by
<br />insurance companies as described in Section 14, attached hereto and incorporated herein by
<br />reference. OCTA reserves the right, throughout the Term of this Agreement, to review and
<br />Page 3 of 12
<br />
|