Laserfiche WebLink
Section 5, Complianee with California Labor Code. Licensee acknowledges that <br />Licensee's construction of the Trail, while permitted by Licensor to be undertaken on the Property <br />by Licensee, is a privately funded project with no financial contribution by Licensor, and the <br />determination of whether California Labor Code prevailing wage laws, and other applicable <br />California Labor Code provisions applicable to "public work" projects (as defined by California <br />Labor Code section 1720 et seq.) are applicable to Licensee's construction of the Trail, and <br />Licensee's compliance therewith, shall be made solely by Licensee. Licensee expressly agrees <br />Licensor shall have no responsibility, obligation, or liability therefore, <br />Section 6, Notice of Entry, Licensee shall provide at least one day's prior written notice <br />to Licensor of the dates on which Licensee desires to enter upon the Right -of -Way and Property. <br />Section 7, Possession and Condition of Property Not Warranted, Licensor does not warrant <br />or represent that the Right -of -Way or Property is suitable for Licensee's entry upon or construction <br />of the Trail, or for any other purpose, and. Licensee agrees to enter and use, as the case may be, the <br />Property in its "as is" condition, and construct the Trail on the Property at its own risk. Licensee <br />shall. not seek to hold Licensor responsible or liable for any claim of damages, restitution, or other <br />relief by Licensee or any other entity or person in connection with such entry or construetion. <br />Section 8. Ownership of Trail, Upon Licensee's completion and Licensor's written <br />acceptance of the Trail, Licensor shall be the owner of the Trail and shall be solely responsible for <br />the maintenance and repair of the Trail at Licensor's sole cost. <br />Section 9, Termination. This Agreement may be terminated by Licensor, for any reason <br />and in its sole discretion, upon ten (10) days prior written notice to Licensee; provided, however, <br />in the event Licensor determines that the public health, safety, or welfare is jeopardized, or that <br />Lieensee is in material breach of this .Agreement, Licensor in its sole discretion may provide <br />written notice to Licensee to immediately suspend Licensee's performance of its obligations under <br />this Agreement, or terminate this Agreement. <br />Section 10. Notice, Any notice or other communication required, or which may be given, <br />pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered, <br />(i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, <br />with return receipt requested; (iii) en the actual delivery date if deposited with an overnight Courier; <br />or (iv) on the date sent by facsimile or email, if confirmed with a copy sent contemporaneously by <br />first class, certified, registered or express mail; in each case properly posted and fully prepaid to <br />the appropriate address set forth below, or such other address as a Party may provide notice in <br />accordance with this section: <br />2 <br />A\cmalAgreemcnts\Larry Jacinto Construction, Inc License Agreement FY224297.doux-ms <br />