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DocuSign Envelope ID 59606AE3-0C6E-4722-9805-B40ECC62BED1 <br /> on the Property shown in Exhibit B for such maintenance. <br /> 5. License Fee. The license provided by this Agreement shall not require payment <br /> of any rent or other charge by City to Owner for: use of the Installation Area for the <br /> purposes for which it is permitted; entry onto the Property for maintenance of trash <br /> capture devices. <br /> 6. Limitations. <br /> a. The license granted by this Agreement is non-exclusive. Owner shall have all <br /> reasonable and necessary rights of entry to the Installation Area and <br /> Temporary Construction License area. <br /> b. City agrees to accept the license granted by this Agreement on an "as-is" <br /> basis and Owner has no obligation to maintain or repair the Installation Area <br /> or the Temporary Construction License area in a condition necessary to meet <br /> the requirements of the trash capture devices during the term of this <br /> Agreement. <br /> 7. Indemnity and Insurance. City shall indemnify, defend and hold harmless the <br /> Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees <br /> and costs, for personal injury or death, or property damage, arising out of or in <br /> connection with the activities of City, its employees or contractors in the use of the <br /> Temporary Construction License area, installation of the trash capture devices, and <br /> performance of its maintenance obligations, or lack thereof, under this Agreement. <br /> City shall maintain or cause its contractor to maintain a public liability and <br /> property damage insurance policy in the minimum amount of$1,000,000 combined <br /> single limit, insuring against all liability in connection with its activities under this <br /> Agreement and the indemnity obligations under this Section 7. <br /> 8. Notice. Any notice which either party gives to the other shall be in writing and <br /> shall be delivered personally upon the other or be sent by prepaid certified mail to the <br /> respective parties as follows: <br /> Owner: City: <br /> Common Area TR 9755 City of Pleasanton <br /> 7060 Koll Center Parkway 3333 Busch Road <br /> Pleasanton, CA 94566 Pleasanton, CA 94566 <br /> Attn: Manny Moreno Attn: Rita Di Candia, Environmental <br /> Services Manager <br /> 9. Termination. Either party may terminate this Agreement at any time by providing <br /> sixty (60) days written notice to the other party. After expiration of such sixty (60) days, <br /> City shall remove the connector pipe screen within the private storm drain manhole. <br /> 3 <br />