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not obstruct traffic flow within the Access Area by temporarily storing vehicles or construction
<br /> related equipment in the Access Area. Licensee and its agents, employees, successors and
<br /> assigns shall not cause or permit unreasonable wear, tear, damage or loss to the Access Area.
<br /> Licensee agrees to promptly repair, at its sole cost, all wear, tear, damage or loss to the Access
<br /> Area. "Damage" requiring repair by Licensee includes, but is not limited to, cracked curbs,
<br /> cracked or collapsed catch basins, cracked asphalt as a result of construction vehicle activities,
<br /> disruption of underground utilities, disruption of above ground utilities or injury to landscaping.
<br /> Licensee agrees that it has inspected the Access Area and finds and accepts it in good condition,
<br /> free of damage as described herein.
<br /> 5. Licensee agrees to keep the Access Area in good and sightly condition,
<br /> free from debris, including construction materials and trash.
<br /> 6. If Licensee elects to abandon use of the Access Area, this Agreement shall
<br /> automatically terminate and, in such case, Licensee agrees to return the Access Area to its
<br /> condition as of the date of this Agreement, free from all improvements, additions or
<br /> modifications, including, but not limited to, slag, asphalt, concrete, footers, fencing, gates or
<br /> barricades installed by Licensee at the boundary and utilized by Licensee to provide or regulate
<br /> ingress or egress between Licensor's Property to Licensee's property. Such termination shall be
<br /> self-operative and no further documentation shall be necessary to terminate Licensee's license of
<br /> the Access Area.
<br /> 7. Licensor or Licensee may terminate this License by providing thirty (30)
<br /> days prior written notice to the other party, and in such case, Licensee agrees to return the
<br /> Access Area to its condition as of the date of this Agreement, free from all improvements,
<br /> additions or modifications, including, but not limited to, slag, asphalt, concrete, footers, fencing,
<br /> gates or barricades installed by Licensee at the boundary and utilized to provide or regulate
<br /> ingress or egress between Licensor's Property to Licensee's property.
<br /> 8. Licensee covenants that it shall not construct, place or permit construction
<br /> or placement of any additional structural improvements within the Access Area, except as are
<br /> necessary to permit or regulate ingress and egress to Licensee's Property from Licensor's
<br /> property.
<br /> 9. During the term of this Agreement, Licensee agrees that Licensee will
<br /> indemnify Licensor, its employees, officers, agents and invitees, and save Licensor, its
<br /> employees, officers, agents and invitees, harmless from and against any and all claims, actions,
<br /> damages, liability and expenses in connection with loss or damage to property or injury or death
<br /> to persons occurring in, on or about or arising out of, the Access Area or occasioned wholly or in
<br /> part by any act or omission of Licensee, Licensee's agents, licensees, invitees and guests.
<br /> 10 Licensee shall maintain all-risk property insurance coverage and general
<br /> liability insurance coverage on the Access Area to the full insurable value thereof with limits and
<br /> deductibles not less than insurance customarily carried on like improvements. All policies of
<br /> insurance shall be maintained for the benefit of Licensor and Licensee as their respective
<br /> interests appear and shall name Licensor as an additional insured.
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