Agmt 2011 San Leandro Dark Fiber LLC (2)

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ARTICLE IV ECOtNOVJIC BENEFITS; CONFORMANCE WITH GENERAL PLAN 4.1. Economic Benefits of Project. Exhibit D, attached hereto and incorporated herein by reference, confirms that the Project is consistent with the City's Economic Development Plan and General Plan. 4.2. Addition of Other Businesses to Project. Exhibit E of this License identifies third parties that SL Dark Fiber may contract with to provide telecommunications services using facilities that are included in the Project, and describes how SL Dark Fiber proposes to allow businesses or other entities access to the Project. Such list shall be updated from time to time upon the City's request. The disclosure of such affiliates or third parties is provided as a courtesy only, and shall not be construed as a request for approval from the City. ARTICLE V COMPLIANCE WITH LAW; PERMITS AND APPROVALS; LIENS AND ENCUMBRANCES 5.1. Compliance With Law. In completing the Permitted Work, SL Dark Fiber shall comply, and shall require Contractors to comply with all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, orders, judgments and decrees (collectively, "Applicable Laws "). 5.2. Permits. SL Dark Fiber shall obtain all necessary permits and authorizations required by Applicable Laws. Prior to commencing the Permitted Work, SL Dark Fiber shall . apply for and obtain, or cause to be applied for and obtained, from the City all necessary separate authorizations by the City, apart from this License, required by the City's Municipal Code and any other City rules and regulations, including encroachment permits, building permits and any other City permits (collectively "Construction Permits") from the City. The City shall assist SL Dark Fiber in obtaining all such permits. SL Dark Fiber shall comply with all generally applicable City requirements for the issuance of Construction Permits, such as the payment of standard fees, the submission of plans, installation plans, and traffic control plans. If SL Dark Fiber commences the Permitted Work without meeting such requirements, the City shall notify SL Dark Fiber of such deficiency and give SL Dark Fiber a reasonable period to cure such deficiency. If SL Dark Fiber does not cure such deficiency within sixty (60) days, then the City may, at its option, immediately remove any or all non - conforming equipment. Any removals of such equipment pursuant to this Section shall be at the risk of SL Dark Fiber and any such removed equipment shall be stored only for sixty (60) days by the City and disposed of thereafter in a manner to be determined solely by the City. SL Dark Fiber shall reimburse the City for all costs of removal and storage incurred, within thirty (30) days of receipt of an invoice detailing the same. 5.3. Liens and Encumbrances. SL Dark Fiber shall at all times keep the Property free and clear of all liens and encumbrances (including mechanic's liens) affecting title to the Property or arising from any act or omission of SL Dark Fiber or those claiming under SL Dark Fiber. The provisions of this Section 5.3 shall survive the expiration or earlier termination of this License. SL Dark Fiber shall pay as due all undisputed claims for work done, and for services 1677047v4 9 Lit San Leandro Fiber Optic License