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2022 12-20 CC PACKET
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2022 12-20 CC PACKET
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1/8/2026 8:37:43 AM
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CITY COUNCIL PACKETS
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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; EASEMENTS AND LIENS OF ANY THIRD PARTY. <br />19. Disclaimer of Warranty for Quiet Eniovment, 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 15 MADE. <br />20. Eviction at Risk of Licensee. In case 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 />:corridor, Licensor shall not 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 />construction, alterations or repairs done; suffered or permitted to be done by Licensee on the <br />Premises. Licensor is hereby authorized to past any notices ortake any other action upon or with <br />respect to the.. Premises that is or may be permitted by I.aw 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 />2Z Taxes, Licensee shall pay when due any taxes; assessments or .other charges (collectively, <br />"Taxes"): levied or assessed by any governrmental.or quasi -governmental body upon. the Pipeline <br />or any other improvements constructed or installed on. the Premiises.by.or for Licensee (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 Licensors 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 default pursuant to. which Licensor has the .rig ht.to terminate <br />as. set forth below: <br />23.1 If default shall be made in any of Licensee's covenants, agieenients.; 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, -pt% 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 />fails to provide evidence of insurance asrequired in Section 15, <br />23.2 Shou#d Licensee not.comply fully with the obligations of Section 17 regarding the handling <br />or transporting of Hazardous. Materials, notwithstanding anything contained in any other <br />provision of this.. License, and fails to cure. said default within thirty (30) days after written <br />notice is provided to Licensee by Licensor (or within such shorter period as maybe required <br />by law.), Licensor may, at its option, terminate this License by serving five (5) days' notice <br />in writing upon Licensee. <br />14 Form 424; Rev. 20190016 <br />
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