Agmt 2007 City of Oakland Port Commissioners

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b) That Permittee understands that cooperation in implementing the goals of the Port's ERDP involves considering Port ERDP referrals consistent with relevant state and federal antidiscrimination regulations seeking to ensure equal employment opportunity; and c) That Permittee shall provide copies of all solicitations or advertisements for employees placed by or on behalf of Permittee to the Port's Executive Director or his designee, so that the Port may assist in providing Permittee with the names of qualified unemployed and underemployed residents of Oakland and others , including minorities, women, physically handicapped persons, and veterans seeking such employment or training opportunities through the Port's ERDP efforts. 9) Building Permits: Permittee shall establish to the reasonable satisfaction of the Port, as a prerequisite to the issuance of a permit from the Port for any building permit for the Premises, that Permittee is in compliance with the Port's Non-Discrimination as amended from time-to-time, with respect to such permit. 10) Successors: Each of the provisions, agreements, terms, covenants and conditions herein contained to be performed, fulfilled, observed and kept shall be binding upon the successors and assigns of the respective parties hereto, and the rights hereunder, and all rights, privileges and benefits arising under this agreement and in favor of ei ther party, shall be available in favor of the successors and assigns thereof, respectively; provided no assignment by or through Permi ttee in violation of the provisions of this Agreement shall vest any rights in any such assignee or successor. 11) No Interest in Land Created: Permittee agrees that this agreement is a license and not a lease and that no interest or estate in real property, or improvements thereon, is created hereby. Permittee agrees that, upon termination of this Agreement, all Trail Improvements on Port premises shall be property of the Port of Oakland, and shall be maintained according to the provisions of the Maintenance Agreement. 12) Time of Essence: of this agreement. Time is expressly declared to be of the essence 13) Notice: Any notice required or permitted to be given under this Agreement may be given to it by personal United States mail, postage prepaid, as follows: the parties delivery or To the Port: Brandon J. Mark Commercial Aviation Manager Port of Oakland - Airport Properties 9532 Earhart Road, Suite 201 Oakland, CA 94621 oyster Bay Slough Trail Improvements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 6