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• <br /> <br />under this Agreement prior to any work on replacement. Each agreement will include a <br />right of entry for SCRRA and/or its contractors and a notification that in certain cases in <br />which wall replacement could result in damage or loss of landscaping or other physical <br />improvements, the owner accepts any and all such loss. <br />4. CITY PERMITS/FEES <br />SCRRA agrees to coordinate and obtain/pay CITY permits/fees as may be <br />required by law, subject to the mutual cooperation of CITY in issuing such permits, and <br />subject to the federal preemption of the Project from permitting processes which could <br />interfere with the conduct of both interstate freight operations and commuter rail that use <br />this line, to the extent applicable. The parties agree that following list indicates the <br />permits/fees that have been identified for work impacting City rights-of--way: <br />• Plan Check <br />• Street Work Permit <br />• Inspection Fees <br />WITHDRAWAL OF OPPOSITION/COVENANT NOT TO SUE <br />Upon execution of this Agreement by the PARTIES, CITY agrees to withdraw its <br />opposition to the Project and/or its Final EIR and agrees not to bring, participate, <br />cooperate in or contribute money to any action, claim, suit, counterclaim, third party <br />complaint or proceeding in law, equity, in any legal or administrative proceeding which <br />challenges the Project. CITY further covenants and agrees that this Agreement is a bar to <br />any such action, claim, suit, counterclaim, third-party complaint or proceeding. CITY <br />6 <br />