RES 231354 - Laserfiche WebLink

(GST License), entered into in 1996. All rights granted to LICENSEE hereunder are subject to all existing and future rights, right of way, reservations, franchises licenses and easements in the Property, regardless of who holds the same, including LICENSOR's rights to use the Trail for any other purpose and all revenue generated by said uses shall belong to LICENSOR. 5. SUSPENSION OR LIMITATION OF USE: LICENSOR and its permittees shall have the right to suspend or to limit the use of the Trail by LICENSEE and the general public for a reasonable amount of time for protection of public safety, or for the construction, installation, operation, maintenance or repair of other facilities on or in the Property. Should such suspension or limitation be necessary, LICENSOR shall provide LICENSEE thirty (30) days' prior notice in writing, except in cases of emergency maintenance or repairs. Upon completion of any work by LICENSOR or its permittees within the property, LICENSOR shall restore the ground surface as nearly as possible to its pre-existing grade and shall restore any facilities or improvements installed by LICENSEE including, but not limited to, fencing, paving, landscaping, bridges or drainage structures. 6. REVOCATION: In the event the primary uses of the Property by LICENSOR or LICENSOR's permittees require some permanent use of a portion or portions of the Property which, by nature thereof, precludes LICENSEE's use thereof, LICENSOR may, upon six-months' prior written notice, revoke this License as to the area required for such permanent primary use. LICENSOR shall supply LICENSEE with a map or drawing identifying the area(s) as to which this License is so revoked. Prior to and during the six-month revocation period LICENSOR agrees to actively work with LICENSEE to develop alternatives that, if possible, will accommodate both LICENSOR's primary use and LICENSEE's trail. In the event of such revocation, LICENSOR will make every reasonable effort to provide an alternate Trail route upon the Property. 7. MAINTENANCE .AND LITTER: During the term of this License, LICENSEE shall maintain consistent with LICENSEE's standards the Property, including the Trail, in a clean, safe and presentable condition, free from waste, litter, and other items incidental to Trail use and left by parties other than LICENSOR and its permittees. As used in this section, the term "litter" shall include, but not be limited to, paper, garbage, refuse, dead animals, trimming and other items that detract from the neat and tidy appearance of the Property. If LICENSEE fails to keep the Property litter free then, after (30) days' prior written notice specifying the needed work, LICENSOR may perform or hire the necessary work at the reasonable expense of LICENSEE, which expense LICENSOR agrees to pay to LICENSOR upon demand. 3 Prop.YSgt.sP.EastBayRe gi onal ParkDistrict.Trai 1.9/97