EAST BAY REGIONAL PARK DISTRICT - TRACTS 5188 & 5351

4.4 Maintenance and Repair During the Term. (a) Drainage Facilities and Access Point. Licensee shall maintain in good working order and repair the facilities installed pursuant to Section 2 of this Agreement. (b) Maintenance of Surface. In the event that any portion of the License Area should subside during the term of this Agreement, as a result of Licensee's use of the License Area, Licensee shall without delay, at its cost, repair and restore the License Area to the satisfaction of Licensor. 5. NONEXCLUSIVE. The permission granted herein shall be nonexclusive; Licensor reserves the right to use the License Area for public park and open space purposes, including, without limitation, the granting of other licenses, which will not materially interfere with Licensee's exercise of its license. 6. TERMINATION. The License may be terminated upon mutual written agreement of the parties. 7. iNDTIM-`1FTCATi0N. Licensee shall indcr.:nify, defend and 'held harmless Licensor and LJc,-nsor's directors .nd ,_uthoriLed representatives from and against all claims, costs, er:penses (including, without limitation, reasonable attorneys' fees) and liability by reason of any injury to or death of any person or damage to property, of any kind whatsoever, whether the person or property of Licensee, its authorized representatives or third persons, caused by the negligence of Licensee or its authorized representatives on or about the License Area or arising out of this Agreement. 8. INSURANCE. It is understood, the Licensee is self insured. 9. DEFAULT. In the event of any failure by Licensee to perform, fulfill or observe any agreement herein to be performed, fulfilled or observed by it, which continues for 30 days after receipt of notice from Licensor, or in situations involving potential danger to the health or safety of persons on or about the License Area which are not remedied immediately after notice (either written or telephone from Licensor) , then in each case Licensor may, at its election, and in addition to all other rights and remedies available to Licensor including, without limitation, termination of this Agreement, cure such failure or breach for and on behalf of Licensee, and any costs which Licensor incurs for such purpose, plus 15% overhead, shall be paid by Licensee to Licensor without contest, within 15 days after Licensee's receipt of Licensoe's invoice, together with interest at the maximum rate permissible from time to time under applicable law, from the date when the same shall have become due to the date of payment thereof in full. 10. NO INTEREST IN LAND: NO WARRANTY OF AUTHORITY. The parties agree that this Agreement does not grant to or create in Licensee any fee interest, easement, leasehold or other interest or estate in the License Area or the land of Licensor. Licensor makes no warranty regarding its authority to grant this license in view of Section 5540 of the Public Resources Code of California, and neither Licensor nor its directors, officers, agents or employees shall have any liability whatsoever should this license be determined to be unauthorized. Section 5540 of the Public Resources Code provides in relevant part: