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Qualifying Properties a non-exclusive license to use the E1 <br />Charro Route for trucks exceeding eight (8) tons in gross weight. <br />It is the intention of the parties that Kaiser will accept such <br />truck traffic across the E1 Charro route at approximately the <br />same volume as exists on April 1, 1986. To the extent that such <br />volume increases, or to the extent such truck traffic generated <br />from parcels which were undeveloped as of April 1, 1986 exceeds <br />the average per acre truck traffic generated from the remaining <br />qualifying properties, then such frequency of use shall be con- <br />sidered to interfere with the normal business operations of <br />Kaiser and may therefore be limited by Kaiser. The non-exclusive <br />license shall be substantially in the form attached hereto as <br />Exhibit "B". <br /> <br /> d. No Warranty. City understands that in granting the <br />license set forth in Exhibit B, Kaiser is conveying only those <br />rights which Kaiser has authority to convey. Kaiser makes no <br />guaranty or warranty as to the extent of its rights to convey. <br /> <br /> e. No Implied Dedication. Nothing contained in this <br />paragraph shall ever be construed as an express or implied dedi- <br />cation to public use of all or any part of the E1 Charro Route by <br />Kaiser, nor shall anything contained herein ever be construed as <br />evidencing prescriptive rights of use of the E1 Charro Route by <br />any party. <br /> <br /> f. Termination of License. If Kaiser shall cease <br />using the E1 Charro Route for transport of mineral products for <br />any period of three (3) consecutive calendar months, then the <br /> <br /> - 5 - <br /> <br /> <br />