CCP 06-30-2003 - Laserfiche WebLink

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. . . 'I Exhibit F: Public Trailway License (a) Grantor, its successors and assigns shall not be liable to the City or anyone claiming by, through or under the City for any damage to the City or any other person from interruption, obstruction or damage to the Trail Area. (b) Grantor reserves a right of access to the Property in, to, over, under and across the Trail Area (including the right to install utilities and driveway improvements in a manner not inconsistent with the License so granted). ( c) City shall be solely responsible to carry appropriate liability insurance coverage for any use of the Trail Area and this Trail License. (d) The City shall indenmifY, defend and hold harmless Grantor from and against any and all claims, demands, losses, damages, cost and expenses (including but not limited to court costs, penalties and reasonably attomeys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Trail Area by the City, its agents, employees, licensees, and invitees (including, without limitation, members of the general public) or arising in any manner out of the acts or omissions of the City or its agents, employees, licensees, and invitees (including, without limitation, members of the general public) in connection with the Trail License or with the use or occupancy of the Trail Area. The indenmity obligations set forth in this section shall survive any termination of this Agreement or the easement granted hereunder. All other rights to the Trail Area are reserved by Grantor. 3. The City may delegate the right to use the Trail Area to its employees, contractors, invitees and the general public in accordance with this Agreement. 4. Grantor, its successors and assigns in title, hereby reserves unto itself the right to relocate the Trail Area (at its cost), and/or temporarily obstruct the Trail Area for any reason at its sole discretion. h1 addition, Grantor reserves the right to terminate the Trail License in the following circumstances: (a) Ifnecessary to protect the safety of Grantor's property or its employees (including the property or employees of any of Grantor's affiliates), Grantor may terminate the Trail License by delivering a written notice to the City which contains the reasons for Grantor's action. The termination shall be effective upon delivery of the notice. (b) Grantor or any of Grantor's affiliates may terminate the Trail License by delivering a written notice to the City sixty (60) days in advance of the termination date. The termination notice shall include Grantor's reasons for its action.