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vegetation work that may conflict with ZONE 7's maintenance of its flood control
<br />channel properties.
<br />CITY shall adopt such rules and regulations as it deems necessary to facilitate the
<br />orderly and safe operation and control of the use of the LICENSED AREAS by the
<br />public for recreational purposes. If any such rule or regulation is contrary to the primary
<br />interest of flood control and water management or is deemed by ZONE 7 to be adverse
<br />to its interest, ZONE 7 may give 60 -day notice of such fact to CITY and CITY shall
<br />change such rule or regulation in conformance with ZONE 7's request.
<br />8. Violations of Permitted Use. Should the CITY, its employees, contractors, subcontractors,
<br />agents, or the general public construct, install, operate or maintain any park improvements in
<br />violation of the terms of this LICENSE, or in violation of any of the approvals granted hereunder,
<br />ZONE 7 may direct CITY, at CITY's sole cost, to remove the improvements from the LICENSED
<br />AREAS or to take other remedial action, as ZONE 7 may, in its sole discretion, determine to be
<br />appropriate. CITY shall be afforded a period of fifteen (15) days, within which to cure any such
<br />violations and comply with ZONE 7's directive. In the event CITY fails to cure within the above
<br />stated period, ZONE 7 shall have the right to take any and all actions to remediate the
<br />LICENSED AREAS and CITY shall reimburse ZONE 7 for all costs associated therewith. Zone
<br />7, as it reasonably determines, may extend the period as may be necessary to cure the default,
<br />provided that the City has commenced the cure within the fifteen (15) day period.
<br />1 Assignment. CITY may assign all of its rights, duties and liabilities under this LICENSE to
<br />another public agency provided that such assignment is agreeable to ZONE 7 and provided
<br />further that such agency gives written notice to ZONE 7 that it accepts all of the rights, duties
<br />and liabilities imposed upon CITY under this LICENSE.
<br />10. Acknowledgment of Title. It is understood and agreed that CITY, by the acceptance of this
<br />LICENSE and by the use or occupancy of said LICENSED AREAS, has not acquired and shall
<br />not acquire hereafter any property rights or interest in or to said LICENSED AREAS through this
<br />LICENSE, and that CITY may use the LICENSED AREAS only as herein provided. ZONE 7
<br />shall retain the right to sell or change areas, but in the event that CITY is damaged by such
<br />action, CITY shall be compensated for any damage to facilities which it has installed based on
<br />an agreed upon value.
<br />11. Indemnity
<br />CITY shall indemnify, defend, reimburse and hold harmless Zone 7, its officers, agents,
<br />contractors and, employees (collectively, "Indemnitees") from and against any and all
<br />demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens,
<br />judgments, damages and liabilities of any kind (collectively, "Liabilities"), arising in any manner
<br />out of: (a) any injury to or death of any person or damage to or destruction of any property
<br />occurring in, on or about the LICENSED AREAS, or any part thereof, whether the person or
<br />property of CITY, its officers, agents, employees, contractors and subcontractors (collectively,
<br />"Agents"), its invitees, guests or business visitors or third persons (collectively, "Invitees"),
<br />relating in any manner to any use or activity under the LICENSE and modifications thereto; (b)
<br />any failure by CITY to faithfully observe or perform any of the terms, covenants or conditions of
<br />this LICENSE or (c) the use of the LICENSED AREAS or any activities conducted thereon by
<br />CITY, its Agents or Invitees. This provision applies except to the extent of Liabilities resulting
<br />directly from the sole negligence or willful misconduct of ZONE 7 or ZONE 7's authorized
<br />representatives.
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