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FILE: OC-215 <br />indentations, mounds or other inclines created by an excavation by Licensee or Licensee's <br />Parties. <br />9. Landscaping and Protective Fencing. If required by OCTA, Licensee, at its sole cost and <br />expense, shall install barrier fencing and/or landscaping to shield the railroad track area from <br />public access and/or the Facility from public view. OCTA shall have the right to review and <br />approve fencing and/or landscaping plans prior to installation. AI! fencing and/or landscaping <br />work shall be done in accordance with the provisions of Sections 4 and 5 above and wilt be <br />subject to the maintenance and repair provisions of Section 8 above. <br />10. Use. The License Property and the Facility shall be used only for the purposes specified <br />in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly <br />incidental thereto. No change shall be made by Licensee in the use of the License Property or <br />the Facility without OCTA's prior written approval. <br />11. Abandonment. Should Licensee at anytime abandon the use of the Facility or the <br />License Property, or any part thereof, or fail at any time for a continuous period of ninety (90} <br />days to use the same for the purposes contemplated herein, then this Agreement shall <br />terminate to the extent of the portion so abandoned or discontinued, and in addition to any other <br />rights or remedies, OCTA shall immediately be entitled to exclusive possession and ownership <br />of the portion so abandoned or discontinued, without the encumbrance of this Agreement. <br />OCTA, at its option, may remove any improvements remaining on the abandoned property, at <br />Licensee's expense. <br />12. Breach. Should Licensee breach, or fail to keep, observe or perform any agreement, <br />covenant, term or condition on its part herein contained, then, in addition to any other available <br />rights and remedies, OCTA at its option may: <br />(a) perform any necessary or appropriate corrective work at Licensee's expense, <br />which Licensee agrees to pay to OCTA upon demand, or <br />(b) with or without written notice or demand, immediately terminate this Agreement <br />and at any time thereafter, recover possession of the License Property or any part thereof, and <br />expel and remove therefrom Licensee or any other person occupying the License Property, by <br />any lawful means, and again repossess and enjoy the License Property and the Facility, without <br />prejudice to any of the rights and remedies that OCTA may have under this Agreement, at law <br />or in equity by reason of Licensee's default or of such termination. <br />13. Surrender. Upon termination of this Agreement, unless otherwise requested in writing by <br />OCTA to leave all, or any portion of, the Facility in place on OCTA Property prior to the date of <br />termination, Licensee, at its own cost and expense, shall immediately remove the Facility and <br />restore the OCTA Property as nearly as possible to the same state and condition as existed <br />prior to the construction, reconstruction or installation of said Facility. Should Licensee fail to <br />comply with the requirements of the preceding sentence, OCTA may at its option (a) perform <br />the same at Licensee's expense, which costs Licensee agrees to pay to OCTA on demand, or <br />(b) assume title and ownership of said Facility. No termination hereof shall release Licensee <br />Page 5 of 12 <br />