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<br />-' <br /> <br />- <br /> <br />36 Licensee agrees to be responsible for erosion control of the llcensed property and shall <br />be responsible for water flow onto private property resulting from the bicycle path. The Licensee shall <br />be responsible for and agrees to perform any corrective work deemed necessary by Licensor to protect <br />Licensor's facillties. In addition to any other indemnlflcation provision of this License. Licensee <br />specifically agrees to save harmless and indemnify Licensor. its successors and assigns. its officers. <br />agents employees and llcensees from and against all claimS, loss, damage, actions, causes of action, <br />expense and/or llability from damage or injury to any persons or to any property. including the <br />property of Licensor arising or resulting in any manner, directly or indirectly, from any water flow or <br />alteration or modiflcation of the surface water flow due to Licensee's construction, maintenance and <br />use of the bicycle path permitted by this License. or Licensee's failure to take proper erosion control <br />measures upon the llcensed property. <br /> <br />37. The existence. validity. construction. operation and effect of his llcense and all of its <br />terms and provision shall be determined in accordance with the laws of the State of california. <br /> <br />38 Licensee agrees that it will obey all laws. ordinances. rules and regulations appllcable <br />to the care and use of the llcensed premises and/ or required in connection with the construction. use <br />and maintenance of the bicycle path and that it will assume all expense and the full amount of any <br />and all special assessment or assessments in connection with the construction. use and maintenance <br />of said bicycle path. <br /> <br />39. In case of a suit to enforce any terms, convenants or conditions of this License. <br />Licensee agrees to pay Licensor in addition to any other recovery or rellef to which Licensor may be <br />entitle. a reasonable attorney's fee to be fuc:ed and allowed by the Court. <br /> <br />40 It is understood and agreed that the Licensee shall perform all acts set forth in this <br />License on its part to be performed. In case the Licensee shall fail to perform the acts set forth in this <br />License. on its part to be performed. Licensor may. at its option. do such acts at the expense of the <br />Licensee which expense the Licensee agrees to pay to Licensor upon demand. <br /> <br />41. Existing authorized tenants or licensees. or both, shall not be forced to abandon the <br />Licensor's right of way. routing of the bicycle path and the installation of fences, gates or other <br />facUities necessary to protect the property of su h tenants or licensees. or both. shall be at the <br />Licensee's sole expense. <br /> <br />42 Licensee agrees that it wUI not record this License agreement. <br /> <br />11 <br />