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Licensee shall keep the License Area free from any liens arising out of any work
<br />performed, material furnished, or obligations incurred by or for Licensee. Licensee shall inform
<br />each and every contractor and material supplier that provides any work, service, equipment, or
<br />material to Licensee in any way connected with Licensee's use of the License Area that the
<br />License Area is public property and is not subject to mechanics' liens or stop notices for
<br />Equipment, other materials, or services provided for Licensee's Equipment. If Licensee does not
<br />cause the release of lien of a mechanic's lien or stop notice by any contractor, service provider,
<br />or equipment or material supplier purporting to attach to the License Area or other City Property
<br />as a result of work performed, material furnished, or obligations incurred on behalf of Licensee
<br />within 60 days after notice or discovery of the lien, the City will have the right, but not the
<br />obligation, to cause the same to be released by any means it deems proper, including payment
<br />of the Claim giving rise to such lien. Licensee must reimburse the City for all expenses it incurs in
<br />connection with any such lien (including reasonable attorneys' fees) within 30 days following
<br />receipt of the City's demand and an invoice of City's expenses. Licensee shall not create, permit,
<br />or suffer any other encumbrances affecting any portion of the License Area.
<br />12 UTILITIES; TAXES AND ASSESSMENTS
<br />12.1 Utilities.
<br />Licensee shall be solely responsible for obtaining and maintaining the provision of
<br />electricity to Licensee's Equipment, including, but not limited to, making payments to electric
<br />utilities and installation of separate electric meters, if necessary. Licensee shall comply with all
<br />Laws and rules and regulations of the electric utility relating to installation and connection of
<br />Licensee's Equipment to electricity. If granted a choice between a pole -mounted Smart Meter
<br />and a pedestal -mounted meter, Licensee must choose a pole -mounted Smart Meter. Pedestal -
<br />mounted meters will only be allowed if no alternative is available. The electricity purveyor in San
<br />Leandro is Pacific Gas & Electric Company (PG&E).
<br />12.2 Taxes and Assessments.
<br />12.2.1 General Payment Duty of Licensee. Although the City is not subject to any
<br />federal, state, or local property or income taxes, City shall invoice and Licensee shall pay
<br />any applicable transaction tax (including sales, use, gross receipts, or excise tax) imposed
<br />on the Licensee and required to be collected by the City based on any service, rental space,
<br />or equipment provided by the City to the Licensee. Licensee shall pay all personal property
<br />taxes, fees, assessments, or other taxes and charges imposed by any Government Entity
<br />that are imposed on the Licensee and required to be paid by the Licensee that are directly
<br />attributable to the Licensee's Equipment or Licensee's use and occupancy of the Leased
<br />Premises. Payment shall be made by Licensee within 60 days after presentation of a
<br />receipted bill and/or assessment notice which is the basis for such taxes or charges. The
<br />City shall pay all ad valorem, personal property, real estate, sales and use taxes, fees,
<br />assessments or other taxes or charges that are attributable to the City's Property or any
<br />portion thereof imposed by any Government Entity.
<br />12.2.2 Licensee's Right to Appeal Tax Assessments. Licensee shall have the right,
<br />at its sole option and at its sole cost and expense, to appeal, challenge or seek modification
<br />of any tax assessment or billing for which Licensee is wholly or partly responsible for
<br />payment. The City shall reasonably cooperate with Licensee at Licensee's expense in
<br />filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
<br />preceding sentence, including but not limited to, executing any consent, appeal or other
<br />similar document. In the event that as a result of any appeal or challenge by Licensee,
<br />there is a reduction, credit or repayment received by the City for any taxes previously paid
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