Agmt 2007 City of Oakland Port Commissioners

Home

Permi ttee and without interference or hindrance. The Port also reserves the right, but shall not be obligated to Permittee to maintain and keep in repair the landing areas of the Airport and all publicly-owned facilities at the Airport, together with the right to direct and control all activities of Permittee in this regard. Permittee specifically acknowledges that except as. otherwise may be expressly provided herein the Port has made no representations concerning the condition of the Premises or any improvements and/or the fitness of the Premises or any improvements for Permittee's intended use, and/or the compliance of the Premises and/or any improvements with any federal, state, or local building code or ordinance or with any laws or regulations or guidelines regarding disabled or handicapped persons, including wi thout limitation the Americans with Disabilities Act of 1990, and Permittee expressly waives any duty which the Port might have to make any such disclosures. Permittee further agrees that, in the event Permittee sublicenses or sublets all or any portion of the Premises or assigns its interest in this Agreement, Permittee will indemnify and defend the Port for, from and against any matters whi ch arise as a result of Permittee's failure to disclose any relevant information about the Premises to any subtenant or assignee. 4) Hazardous Substances: No goods, merchandise or material shall be kept, stored or sold in said Premises which are in any way explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said Premises other than as is provided for in Paragraph 5 of this Agreement which will increase the rate of or suspend the insurance upon the structures on the Premises or upon adjacent buildings or other structures of the Port, and no machinery or apparatus shall be used or operated on said Premises which will in any way injure said Premises or adjacent buildings; provided, however, that nothing in this Paragraph 4 of Exhibit "BU shall preclude Permittee from bringing, keeping or using on or about said Premises and buildings such materials, supplies, equipment and machinery as are necessary or customary in carrying out the uses mentioned in Paragraph 5 of this Agreement. In the event such uses include the keeping or storage of inflammable or explosive substances, such substances shall be stored in closed containers, and shall be stored, used or dispensed in the manner prescribed by the regulations of the Board of Port Commissioners, the Fire Prevention Bureau of the City of Oakland, or other public body having authority In the matter, and in any event, in the safest possible manner. 5) Right to Inspect Premises: The Port reserves the right to enter upon the Premises at any reasonable time to inspect the same. In the event the Port determines that repairs are necessary for the preservation of the Premises, the Port shall promptly notify Permittee of such repairs. If Permittee fails to make such repairs Oyster Bay Slough Trail Improvements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 2