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<br />620\3185927.4 3 <br />remedies available to City under this Agreement or a Site Agreement for any other default by <br />Company. <br />6 Interest. Any amount due from Company to City which is not paid when due shall <br />bear interest at the lesser of ten percent (10%) per annum or the maximum rate which City is <br />permitted by law to charge, from the date such payment is due until paid, but the payment of such <br />interest shall not excuse or cure any default by Company under this Agreement or a Site <br />Agreement. <br />7. Nonexclusiveness of Permit. Any license granted to Company for a Permit <br />Property pursuant to a Site Agreement is nonexclusive and nonpossessory. Subject to Section 12 <br />below, Company Parties must allow access to a Permit Property by representatives of City and any <br />other parties possessing prior rights, unless separate arrangements are made with such parties. This <br />Agreement and each Site Agreement are not intended to, nor shall they be interpreted to, create or <br />vest in Company any leasehold or any other property rights or interests in any Permit Property. <br />8. Prior Rights. Each Site Agreement is made subject and subordinate to the prior and <br />continuing right of City to use the Permit Property for any uses in which City is engaged on the <br />Permit Property as of the date hereof. City will cooperate with Company and use reasonable efforts <br />to minimize interference with Company’s use of the Permit Property and shall notify Company of <br />any use by City which it believes may result in interference with Company’s use. <br />9. Term of Site Agreement. The term for this Agreement, shall commence on <br />[INSERT DATE], 2019 (“Commencement Date”), and shall terminate on [INSERT DATE], <br />2024 (“Term”). The Term shall automatically renew on an annual basis thereafter, subject to the <br />termination rights in this Agreement. Each Site Agreement shall specify the commencement date <br />and termination date for that specific Site Agreement, but in no circumstances shall any Site <br />Agreement terminate on a date that is later than the termination date of this Agreement. <br />Notwithstanding the foregoing, either Party may terminate this Agreement or any Site Agreement <br />without cause upon one hundred eighty (180) days’ prior written notice to the other Party. <br />Company’s indemnity obligations set forth in this Agreement survive termination of this <br />Agreement or any Site Agreement for any reason. Company may terminate any Site Agreement <br />at any time upon thirty (30) days’ notice to City and payment of a one -time termination fee <br />equivalent to three (3) months’ of Permit Fee of such Site Agreement. <br />10. Default. If Company fails to comply with any of its obligations or terms of this <br />Agreement or a Site Agreement, including without limitation, a failure to pay the Permit Fee or <br />any other amount due under the Site Agreement, and such failure continues for ten (10) business <br />days after delivery of written notice from City, Company shall be deemed in breach of this <br />Agreement and City shall have the right to terminate this Agreement. Any Site Agreements shall <br />concurrently terminate with the termination of this Agreement. <br />11. Conditions of Access. The Company Parties’ entry onto a Permit Property shall be <br />limited to performing the Permitted Activities. Without limiting the foregoing, the Company <br />Parties will adhere to the following specific requirements: <br />302