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4. Licensee understands that two other properties <br />(Pleasanton~arbage and Kiewit) are draining storm drainage <br />water into the site. This practice will continue. City <br />shall provide the results of an annual sample of storm water <br />flow for heavy metals and other hazardous material as listed <br />in a testing completed on or about August, 1989. <br /> <br /> 5. The subject land is licensed to Licensee upon the <br />express condition that Licensee shall use the premises as a <br />storm drain storage area. Licensee shall use thelproperty to <br />no other uses except as stated herein. Licensor shall also <br />have the right to review and approve plans for placement of <br />storm drain pipeline prior to construction. <br /> <br /> 6. Licensee is hereby granted permission to egress and <br />ingress to the subject property to maintain, repair, or <br />replace the storm drain pipeline or to take samples for <br />testing. Egress and Ingress shall be permitted subject to <br />designated routes and business hours approved by Licensor. <br /> <br /> 7. Licensee shall not assign or transfer this License <br />or any interest herein without first obtaining consent of the <br />Licensor. Licensee agrees not to make or suffer to be made <br />any major alterations, additions, or major repairs in or upon <br />the subject land without having first obtained the consent of <br />the Licensor. <br /> <br /> 8. This License is made upon the express condition <br />that Licensor shall not be liable for any damage or claims <br />for damage by reason of any injury or death to any person or <br />persons while in, upon, or in any way connected with said <br />property doing work, sampling, repairing, maintaining, or <br />replacing said storm drainage, and Licensee further agrees to <br />hold and save Licensor harmless from any and all liability <br />and every and all damages or claims for damages together with <br />any and all costs and expenses connected herewith, arising <br />out of injury to or the death of any person or persons in or <br />about or in any way connected with the Licensee or its <br />agents' use of the subject land during the term of this <br />License. <br /> <br /> 9. The subject land shall not be used or permitted to <br />be used in whole or in part during the said term of this <br />License for any purpose or use in violation of any of the <br />laws or ordinances applicable thereto; and Licensee agrees at <br />all times during the term of the License to do all things <br />necessary to maintain the subject Licensee's storm drainage <br />system in compliance with any and all federal, state, or <br />county regulations now or hereinafter enacted concerning the <br />conduct of Licensee's business on the subject land. <br /> <br /> 10. Any demand or notice which either party shall be <br />required or may desire to make upon or give to the other <br />shall be in writing and shall be delivered personally upon <br /> <br /> -2- <br /> <br /> <br />