|
covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the
<br /> License Area. Nothing contained in this License or in any document related hereto shall be construed to
<br /> imply the conveyance to Licensee of rights in the License Area which exceed those owned by County, or any
<br /> representation or warranty, either express or implied, relating to the nature or condition of the License Area
<br /> or County's interest therein. Licensee has accepted the License Area in its "as is"/"where is" condition.
<br /> 25. UNLAWFUL USE (SRLic-3.4 S)
<br /> Licensee agrees no improvements shall be erected, placed upon, operated, nor maintained on the License
<br /> Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License,
<br /> or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.
<br /> Further, all uses of the License Area by Licensee shall be conducted in accordance with all applicable law,
<br /> ordinance, or regulation, including but not limited to any "Environmental Laws." "Environmental Laws"
<br /> means any federal, state, or local statute, ordinance, rule, regulation, order, consent decree, judgment, or
<br /> common-law doctrine, and provisions and conditions of permits, licenses, and other operating authorizations
<br /> relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of
<br /> persons, including employees, to Hazardous Materials or other products, raw materials, chemicals, or other
<br /> substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions,
<br /> discharges, or releases of chemical substances from industrial or commercial activities, or (D) regulation of
<br /> the manufacture, use, or introduction into commerce of chemical substances, including, without limitation,
<br /> their manufacture, formulation, labeling, distribution,transportation, handling, storage,and disposal.
<br /> 26. RESERVATIONS TO COUNTY (SRLic-3.5 S)
<br /> The License Area is accepted as is and where is by Licensee subject to any and all existing easements,
<br /> encumbrances and physical characteristics. Licensee acknowledges that except as specifically herein
<br /> provided, neither County not any of its employees, agents, or representatives has made any representations,
<br /> warranties, or agreements to or with Licensee on behalf of County as to any matters concerning the License
<br /> Area, access to the License Area, the present use thereof, or the suitability of Licensee's intended use of the
<br /> License Area. Without limiting County's rights with respect to the License Area, County reserves the right
<br /> to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers,
<br /> pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines;
<br /> and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon,
<br /> through, across, under, and along the License Area or any part thereof, and to enter the License Area for any
<br /> and all such purposes. County also reserves the right to grant franchises, easements, rights of way, and
<br /> permits in, over, upon, through, across, under, and along any and all portions of the License Area. No right
<br /> reserved by County in this Clause 26 shall be so exercised as to interfere unreasonably with Licensee's use
<br /> hereunder.
<br /> County agrees that rights granted to their parties by reason of this Clause 26 shall contain provisions that the
<br /> surface of the land shall be restored as nearly as practicable to its original condition upon the completion of
<br /> any construction. County further agrees that should the exercise of these rights temporarily interfere with
<br /> the use of any or all of the License Area by Licensee, any License Fee shall be reduced in proportion to the
<br /> interference with Licensee's use of the License Area.
<br /> 27. NO ASSIGNMENT, SUBAGREEMENTS (SRLic-3.6 S)
<br /> The License granted hereby is personal to Licensee and any assignment of said license by Licensee,
<br /> DJM 1/20/26 Page 10 of 19 CEO/RFLS/CEO-026-001
<br /> CEO Real Estate Standard Revenue License Form
<br />
|