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authority to execute this Agreement; (2) Bowers has good and unencumbered title <br /> to the Licensed Area free and clear of any liens or mortgages,except those disclosed <br /> to the City that will ,not interfere with the City's right to use the Licensed Area. <br /> B. The Parties shall enter into and record with the County of Orange an easement to <br /> grant the City the right to access on enter the Licensed Area for the ongoing <br /> maintenance, repairs, and/or improvements to the Marquee. <br /> C. City has studied and inspected the Licensed Area and accepts the same "AS IS" <br /> without any express or implied warranties of any kind, other than those warranties <br /> contained in subsection (A) above, including any warranties or representations by <br /> Bowers as to its condition or fitness for any use, intended or otherwise. City has <br /> inspected the Licensed Area and the surrounding area and obtained all information <br /> and professional advice as City has determined to be necessary related to this <br /> Agreement. <br /> 3. GRANT OF LICENSE:TERM. <br /> A. Bowers grants to City a license to use the Licensed Area subject to the following <br /> provisions: <br /> (1) The term of this Agreement shall be from the Effective Date and then for a <br /> period of 10 years beginning from the first day of the month after the Marquee <br /> is constructed and ready for use, or fully operational ("Commencement <br /> Date"),unless sooner terminated as provided herein. The Parties shall provide <br /> written confirmation of the Commencement Date for its records. City shall <br /> be permitted to enter and commence work and prepare the Marquee for <br /> deployment for up to six months before the Commencement Date. <br /> Notwithstanding the above,the term of this Agreement shall be automatically <br /> extended for one additional 10-year period from the anniversary of the <br /> Commencement Date,unless City notifies the Bowers of its intent to terminate <br /> at least 90 days before the end of the initial 10-year term. <br /> (2) If City continues to occupy the Licensed Area after the expiration or <br /> termination of this Agreement, the holding over will constitute a yearly <br /> renewal or extension of this Agreement, and the conditions of use, detailed <br /> below,shall remain in place for the hold-over period. <br /> (3) Except as provided in subsection 4 below, at the termination of this <br /> Agreement, whether by expiration of term or City's election, City agrees to <br /> transfer the ownership, maintenance, utilities, and use of the Marquee to <br /> Bowers. If Bowers elects not to receive and maintain the Marquee following <br /> expiration of this Agreement, then City shall return the project site to its <br /> original state. City shall also release its easement back to Bowers. <br /> (4) If Bowers elects to lease or sell the Licensed Area, or develop the Licensed <br /> Area in such a manner that obstructs, impedes, or diminishes public view of <br /> Page 2 of 13 <br />