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219\3064780.4 3 <br />5.Conditions of Access. The Company Parties’ entry onto the Permit Property shall <br />be limited to performing the Permitted Activities. Without limiting the foregoing, the Company <br />Parties will adhere to the following specific requirements: <br />a.Company covenants that it shall enter the Permit Property in such manner <br />and at such time as shall not interfere with any other existing use of the Permit Property. City <br />covenants that it shall reasonably cooperate with Company so that the Company Parties’ entry <br />may be handled in an efficient manner and so as to avoid any unreasonable delays with respect to <br />the Permit or the Permitted Activities. Company hereby waives and releases City for any claim <br />for damages against City in the event that Company’s entry onto the Permit Property or any of <br />the Permitted Activities are delayed for any reason whatsoever, except and to the extent caused <br />by the gross negligence or willful misconduct of any representatives of the City. <br />b.The Company Parties shall be liable for any damage to the Permit <br />Property or other City Property (“City Property”) that occurs as a result of this Permit and the <br />Permitted Activities, except and to the extent: 1) such damage is required as a condition to <br />Company’s completion of the Permitted Activities, in which case Company shall, to the extent <br />necessary and feasible, promptly restore the City Property to its condition existing prior to the <br />commencement of such activities; and 2) the damage is caused by the gross negligence or willful <br />misconduct of the City. Any damage to City Property caused by the Company Parties in <br />violation of this Agreement shall be immediately repaired to the satisfaction of City at <br />Company’s sole cost and expense. <br />c.Company shall not encroach on the public right of way adjacent to the <br />Permit Property unless Company has applied for and received any necessary approvals and/or <br />permits. All equipment and material storage shall be secured by Company on the Permit <br />Property. <br />d.Company shall at all times keep the Permit Property free and clear of all <br />liens and encumbrances affecting title to the Permit Property in connection with any work <br />performed by the CompanyParties under this Agreement. Upon notice of any such lien or claim, <br />Company may bond and contest in good faith the validity and the amount of such lien, but <br />Company shall immediately pay any judgment rendered, shall pay all proper costs and charges, <br />and shall have the lien or claim released at its sole expense. <br />e.Company shall comply with all applicable state, federal and local laws, <br />regulations, rules and orders, with respect to this Permit and the Permitted Activities, including, <br />without limitation, all Environmental Laws (defined in Exhibit B, attached hereto). Company <br />shall not cause or permit any Hazardous Material (defined in Exhibit B) to be generated, brought <br />onto, used, stored, or disposed of in or about the Permit Property. Company shall provide <br />evidence of such compliance to City upon request. <br />f.Company shall, at Company’s own cost and expense during the term of <br />this Agreement, keep and maintain the Premises in good order and repair, as determined by City