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· . (-'7] (-"','135386 <br /> <br /> . 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 />