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2022 03-15 CC PACKET
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2022 03-15 CC PACKET
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1/8/2026 7:53:50 AM
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1/8/2026 7:49:53 AM
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ADM 05000
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CITY COUNCIL PACKETS
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PERMANENT
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IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR <br />WARRANTIES HAVE.BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED <br />IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, <br />EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST <br />BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY <br />WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A <br />PARTICULAR. PURPOSE. <br />18.2 LICENSOR: MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY <br />KIND, EXPRESS OR IMPLIED; CONCERNING (A) THE SCOPE OF THE LICENSE OR <br />OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT <br />LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION <br />OF THE PIPELINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS <br />AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY <br />LEASES, USE RIGHTS, EASEME NTS` AN D LIENS OF ANY THIRD PARTY. <br />19. Disclaimer of Warranty for Quiet Eniooyment. LICENSOR DOES NOT WARRANT ITS TITLE TO <br />THE. PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE. PEACEABLE <br />POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. <br />20. Eviction at Risk of Licensee. Incase of the eviction of Licensee by anyone owning, claiming title <br />to, or claiming any interest in. the Premises; or by the abandonment. by Licensor of the affected rail <br />corfidor, . Licensor shall riot be liable 0) to refund. Licensee any compensation paid hereunder, <br />except for the pro-rata part of any recurring charge paid in advance, or (ii) for any.damages or costs <br />Licensee sustains in connection with the eviction. <br />LIENS AND TAXES <br />21, Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any <br />I onstruction, alterations or repairs done, suffered or permitted to be done by.Liicensee on the <br />Premises. Licensor is hereby authorized to post any notices or take any other action upon or. with <br />respect to the Premises that is or may be permitted by law to prevent the attachment of any such. <br />liens to the Premises; provided,. however,. that failure of Licensor to take. any such action shall not <br />relieve Licensee of any obligation or liability under this .Section 21 .or any other Section of this <br />License. <br />22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, <br />"Taxes") levied .or assessed by any governmental or quasi -governmental body upon the pipeline <br />or any other improvements constructed. or installed on the Premises by or forLicensee (collectively, <br />the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are <br />attributable to the Improvements. <br />DEFAULT, TERMINATION, AND SURRENDER <br />23. Default and Termination. in addition to and not in limitation of Licensor's right to terminate for failure <br />to provide evidence of insurance as required pursuant to the terms of. Section 15,. the following <br />events are:also deemed to.be events of defauit:pursuant to which Licensor has the right to terminate <br />as set forth.below' <br />23.1 If default shall be .made in any of Licensee's covenants; agreements,or obligations <br />contained in this License -or in case of any assignment or transfer of this License. in violation <br />of Section 26 below, and Licensee fails to.cure said default within thirty (30) days after <br />written ,notice is provided to Licensee by Licensor,. Licensor may, at its option; terminate <br />this License by serving five. (5) days' notice in writing upon Licensee. Notwithstanding the <br />foregoing,. Licensor shall have the right to terminate this License immediately if.Licensee <br />Form 424; Rev. 20190916 <br />
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