Orange County NC Website
DocuSign Envelope ID: 454AC100- 1926- 4795- 139413- 86B8133246CC0 <br />C. Licensee shall utilize the licensed area for the limited purpose of constructing and <br />maintaining the Mueller Systems Mi.Hub as noted herein. <br />d. The Licensor shall in all other respects remain the fee owners of the Property and areas <br />subject to this License Agreement, and may make all lawful uses of the Property not <br />inconsistent with the License. <br />e. The Licensor shall not be held responsible for any construction, reconstruction, or <br />maintenance of the Mueller Systems Mi.Hub unless such authority is released to it by the <br />Licensee and Licensor agrees in writing to such release. <br />f, The Licensee shall not perform any sub -grade maintenance or modification to the <br />Mueller Systems Mi.Hub without prior written authorization by the Licensor. <br />g. In the event the Licensee fails to install the Mueller Systems Mi.Hub within one (1) year <br />of the date of this License Agreement or fails to maintain the Mueller Systems Mi.Hub its <br />condition and location as described in Exhibit 1 and Licensor or its successors, heirs, or assigns <br />notifies the Licensee in writing of such failure and the Licensee does not cure such failure to <br />construct or perform necessary maintenance within thirty (30) days of receipt of written notice, <br />such failure will result in termination of the license Agreement immediately upon the expiration <br />of the thirty (30) day cure period, and Licensor or its successors, heirs, or assigns may take <br />possession of and remove the Mueller Systems Mi.Hub from the Property. <br />h. Licensee shall obtain, at its sole expense, Commercial General Liability Insurance, <br />Automobile insurance, Workers' Compensation Insurance, and any additional insurance as may <br />be required by County's Risk Manager as such insurance requirements are described in the <br />Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br />Requirements (each document is incorporated herein by reference and may be viewed at <br />http://www.orangecountviic.qov/del2ai-tments/purchasing divisionlcontracts. h . Licensee shall <br />not commence work until such insurance is in effect and certification thereof has been received <br />by the County's Risk Manager. <br />i. Licensee agrees, without limitation, to defend, indemnify, and hold harmless Licensor <br />from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including <br />reasonable attorney's fees) arising from bodily injury, including death, to any person or persons <br />or damage to or destruction of any property caused in whole or in part by any negligent or <br />intentional act or omission on the part of the Licensee or its agents or contractors related to the <br />installation, use, operation, maintenance, or access to the Mueller Systems Mi.Hub. <br />j. The license granted herein is for the benefit of the Licensee and shall not be transferred, <br />assigned, or otherwise conveyed by the Licensee; and that Licensor or its successors, heirs, or <br />assigns may re -enter and take possession of the Mueller Systems Mi.Hub in the event the <br />Licensee so transfers, assigns, or conveys the Mueller Systems Mi.Hub. This license <br />Agreement may be otherwise terminated by mutual agreement of the Licensee and Licensor. <br />k. Licensor, at Licensee's option, may terminate this License Agreement upon thirty (30) <br />days' notice to Licensee. Should Licensor exercise this option Licensor shall endeavor to <br />provide other areas situated as near as possible to the location of the Mueller Systems Mi.Hub <br />as contemplated by this License Agreement for the installation of Licensee's Mueller Systems <br />Mi.Hub.. <br />