2013-02-28_REVISION - C1983059 - Laserfiche WebLink

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8. EXTRAORDINARY MAINTENANCE OR REPAIR COSTS. THE LICENSEE AGREES THAT IF THE MAINTENANCE OR REPAIR OF ANY OR ALL -PROJECT STRUCTURES AND FACILITIES LOCATED ON SUCH LANDS SHOULD EE r•tADE MORE EXPENSEIVE BY REASON OF THE EXISTANCE OF IMPROVEMENTS OR woPKS of LICENSEE THEREON, LICENSEE WILL PRUMPTL•Y PAY TO THE UNITED- STATES /OR THE MANAGING ENTITY • THEIR AGENTS OR ASSIGNS RESPONSIBLE FOR •rROJECT OPERATION AND MAINTENANCE, THE FULL AMOUNT OF SUCH AonITIONAL EXPENSE UPON RECEIPT OF AN ITEMIZED BILL THEREFOR, 9. LICENSEE TO DEFEND TITLE. THE LICENSEE SHALL REIMBURSE THE UNITED STATES AND THE MANAGING ENTITY • FOR ALL COSTS AND EXPENSES INCURRED IN THE DEFENSE OF ANY ACTION WHICH CHALLENGES THE LICENSEE'S USE OF PROJECT RIGHT- OF -wAY OP FACILITIES UNDER THIS LICENSE AGREEMENT. 10. INTERFERENCE PROHIBITED. THE LICENSEE SHALL USE, OCCUPY. AND MALNTAIN SAID FACILITIES WITH OUE CARE TO AVOID DAMAGE TO OR OBSTRUCTION OF THE IRRIGATION AND DRAINAGE FACILITIES OR OTHER STRUCTURES OF THE UNITED STATES, OR ANY INTERFERENCE IN ANY WAY WITH THE OPERATION AND MAINTENANCE OF THE SA?•!E= . II. TERM OF LICENSE - TERMINATION. THE UNITED STATES, AT ITS OPTION. MAY TE't4INATt_ ThIS LICENSE AGPFE : FOR NONUSE OF ThE LICENSED LANDS NY THE LICENSEE FOP A PERIOD OF TwO (2) CONTINUOUS YEARS. IN ANY EVENT THIS LICENSE SHALL EXPIRE FY LIMITATION AT THE END OF THE PERIOD RECITED IN ARTICLE 3H. ALL RIGHTS GRANTED TO T r LICENSEE UNDER THIS LICENSE AGREEMENT ARE SUBJECT TO TERMINATIDN N FAILURE OF LICENSEE TO COMPLY WITH THE TERMS OF THIS LICENSE AGREEMENT, 12. REMOVAL OF FACILITIES. THF UNITED STATES WILL DETERMINE IF THE LICENSEE'S FACILITIES WILL ►�E REMOVED UPON TERr'IN4TION. IF THE UNITED STATES DETEPMINES THAT THE FACILITY SHALL BE REMOVED, REMOVAL WILL BE MADE WITHIN THIRTY (30) DAYS AFTER TEHmINATION• AND THE SITE - WILL, BE RESTORED AS NEARLY AS PPACTICABLE TO ITS ORIGINAL CONDITION, REMOVAL OF THE FACILITIES AND RESTORATION OF THE SITE WILL BE AT THE SOLE EXPENSE OF THE LICENSEE. 13. ASSIGNmENT OR TRANSFER. THIS LICENSE SHALL NOT FE ASSIGNED ()R TRANSFERRED By THE LICENSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNNITED STATES AND THE 'ANAGINC ENTITY . 14, SUCCESSORS IN INTEREST OEELIGsTrD. THIS LICENSE AGREEMENT SHALL INUkE TO THE r4ENEr IT OF AND PE RINGING UPON THF SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO, I5. NO WARRANTY. THE UNITED STATES '.IAKES NO WAP4ANTY. EXPRESSED OR IMrLIE1 AS TO THE 'ENT OR v4LIDITY OF THE GRANT CONTAINED HEREIN.