NATIONAL RAILROAD PASSENGER CORPORATION, INC. - AMTRAK 1b

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Licensee competitively contracts with third party bus operators to provide Amtrak California Thruway bus services, which are sponsored by Caltrans, and will operate at the SARTC. Should a schedule conflict or other substantial consideration make the use of Bus Bay 1 O unusable by Amtrak, the Licensor and Licensee, including OCTA if applicable, will make a good faith effort to find a suitable replacement in order to continue the provision of the Licensee's Thruway Bus Service at the SARTC. With the approval of OCTA and Licensor, Licensee may utilize Bus Bay 1 O to provide chartered bus service when Amtrak passenger train service is interrupted. Licensee will immediately notify OCTA and Licensor of the need to utilize Bus Bay 1 O for such chartered bus services. Should a rail service disruption be planned to accommodate scheduled trackwork, or unplanned as in the case of an emergency cessation of rail traffic, the Licensee may have the need to operate multiple buses at the SARTC in order to maintain passenger service levels to the public. In such a case, and with reasonable notice given the circumstance, the Licensee will consult with the Licensor to identify and implement suitable temporary staging areas in addition to the regularly assigned Bus Bay. Licensor will provide best effort but shall have no responsibility if such temporary staging area cannot be accommodated. All operators utilized by Licensee shall indemnify Licensor and shall provide insurance in compliance with Article 4, below. (c) The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Property in its entirety for public purposes to which it presently is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the License Area and to exercise this License at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Property by Licensor. (d) Licensee hereby acknowledges that title to the Property is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensor's use and occupancy of License Area shall be referable solely to the permission herein given. (e) As a covenant to this Agreement, Licensee shall adhere to and comply with all responsibilities enumerated in Rider 1, attached hereto and incorporated herein." 2. Pursuant to Section 1 .02, Term, Licensee hereby exercises its second option to extend the term for an additional one-year period, through June 30, 2012. 3. Section 3.01(c), Licensee's Area, shall be deleted in its entirety and replaced with the following: "(a) Each party shall provide access to the License Area to the other party and its employees, agents, contractors and subcontractors at reasonable times. Except in the case of emergencies, Licensor shall give Licensee twenty-four (24) hours notice prior to entry into the License Area. Licensor shall not enter the License Area unless accompanied by Licensee.