Laserfiche WebLink
SROW# 75987 <br /> L 71'87 <br /> INTERESTS THAT AFFECT THE PROPERTY AND LICENSEE FURTHER <br /> ACKNOWLEDGES AND AGREES THAT LICENSEE SHALL BE SOLELY <br /> RESPONSIBLE FOR IDENTIFYING ANY AND ALL SUCH EASEMENTS, LEASES <br /> OR OTHER REQUIREMENTS OR INTERESTS AND COMPLYING WITH THE <br /> REQUIREMENTS OF ANY SUCH EASEMENTS, LEASES OR OTHER <br /> REQUIREMENTS OR INTERESTS. <br /> 11. Acceptance of Premises. LICENSEE ACKNOWLEDGES AND AGREES THAT IT <br /> HAS FULLY INSPECTED THE PROPERTY AND ACCEPTS THE PROPERTY "AS <br /> IS," "WHERE IS" AND IN ITS PRESENT CONDITION AS SUITABLE FOR THE <br /> PURPOSES FOR WHICH IT IS LICENSED. Licensee shall not make or cause to be made <br /> any improvements to the Property other than as approved by Licensor in advance, in writing, and <br /> then only at the sole cost and expense of Licensee. <br /> 12. Condition upon Termination. Upon termination of this Agreement by either Party, <br /> Licensee shall surrender the Property to the Licensor in the same condition as received except for <br /> ordinary wear and tear. In addition, Licensor may require Licensee to remove any improvements <br /> made to the Property by Licensee prior to the termination of this Agreement and to restore the <br /> Property to its condition immediately prior to construction of the Pedestrian and Bicycle Trail, at <br /> Licensee's sole cost and expense. All improvements not removed by Licensee shall, at <br /> Licensor's request and in Licensor's sole discretion (i) become Licensor's property at no cost or <br /> I „! expense to Licensor, or (ii) be removed by Licensor, and Licensee shall reimburse Licensor <br /> 110% of the cost and expense of having the improvements removed from the Property. Licensee <br /> shall pay such amount to Licensor within thirty (30) calendar days of receipt of Licensor's <br /> invoice. <br /> 13. Assignment And Subletting. The License is personal to Licensee and may not be sold, <br /> transferred, assigned or sublet. Any purported transfer or assignment shall be null and void ab <br /> initio and of no force or effect. It is the intention of this Agreement not to confer benefits, rights, <br /> or privileges on any person or entity other than Licensor and Licensee. No businesses, buildings, <br /> or other facilities, other than an improved Pedestrian and Bicycle Trail in accordance with this <br /> Agreement shall be permitted to be installed upon the Property. <br /> I <br /> 14. Construction Requirements. All construction and ongoing maintenance activities <br /> approved by Licensor shall conform to the "Specification for Construction on CenterPoint <br /> Energy Property,” #007 - 231 -79, attached as EXHIBIT "C" to this License and made a part <br /> hereof. If any mechanics' or materialmens' lien is filed against the Property for works claimed <br /> to have been undertaken for or on behalf of Licensee, whether such lien relates to the initial <br /> construction of the Pedestrian and Bicycle Trail or Licensee's ongoing maintenance obligations <br /> hereunder, Licensee, at its sole cost and expense, shall discharge and obtain and record a release <br /> of any such lien within thirty (30) days of such lien being filed, or shall provide a bond for such <br /> lien in compliance with all applicable laws and deliver to Licensor evidence of such release or <br /> bond. If Licensee shall fail to obtain a release or bond for any such lien, Licensor may, at its <br /> option, discharge the same and Licensee shall reimburse Licensor for the cost thereof, together <br /> with associates costs and reasonable attorneys' fees, within thirty (30) days of being invoiced by <br /> Licensor. <br /> Page 5 of 14 <br />