2023-617-E-Solid Waste-Signed agreement between OC, Town of Chapel Hill, and UNC-Chapel Hill-Allowing OCSWM to use a portion of the Jones Ferry park and ride lot as a drop off spot for recycling.

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discretion, agree in writing to extend this cure period. Any provision within this License notwithstanding, after any termination or expiration of this License: (i)tennination of the License shall not prejudice either Party's rights to any sums due or accrued under the License prior to termination or expiration and shall not prejudice any cause of action or claim the terminating party accrued or to accrue on account of any breach or default by thel 1011-tenninating party; and/or(ii)in the event that either Party elects to waive its remedies for any breach by the other Party of any covenant, tern, or condition of the License, such waiver shall not limit that Party's remedies for any succeeding breach of that or of any other tern, covenant, or condition of the License. d. Tennination for Convenience. Either Party may terminate this License without penalty for any reason upon ninety(90)calendar days' written notice to the other Party. 12. Title to Real Property. By entering this License, the University is only granting the Town a License to use the University's Property pursuant to this License. The University is not conveying to the Town, any of the Town's employees, or any member of the general public who uses the Jones Ferry Park and Ride Lot any ownership interest in the Property.The University remains the owner in fee simple of the Property and the fixtures on it.This License is and shall be subject and subordinate at all times to any liens and deeds of trust of any present or future mortgages in any amount or amounts and to all ground or underlying leases which exist or may hereafter be executed affecting the real property,without the necessity of executing or delivering any instruments on the part of the University to effectuate such subordination. 13. Hazardous Materials. Licensee shall not nnder any circumstances store or bring onto the Property any Hazardous Materials. As used in this License, the tenn "Hazardous Material" means any substance, material, or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance,""extremely hazardous waste,"or"restricted hazardous waste"under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6)designated as a"hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U,S,C. § 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C.§ 1317);(7)defined as a"hazardous substance"pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. ( 42 U.S.C. § 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. § 9601); or(9)determined by North Carolina, federal, or local governmental authority to be capable of posing a risk of injury to health, safety, or property. 14. Miscellaneous. a. Access to Persons and Records. During the Tenn and the relevant period required for retention ofrecords by state law (N.C. Gen. Stat.§§ 121-5 and 132-1 et seq.), the State Auditor and the University's internal auditors shall have access to persons and records related to this License to verify accounts and data affecting fees or performance under this License, as provided in N.C. Gen. Stat. § 143- 49(9)and§ 147-64.7. However, if any audit, litigation, or other action arising out of or related in any way to this License is commenced before the end of such retention of records period,the records shall be retained for one (1)year after all issues arising out of the action are finally resolved or until the end of the record retentions period, whichever is later. b. Nature and Extent of Agreement. This License contains the complete agreement of the parties regarding the subject matter hereof, and there are no oral or written conditions, tenns, understandings,or other agreements pertaining thereto which have not been incorporated herein. C. Partial Invalidity. If any term, covenant or condition of this License or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term,covenant, or condition to persons or circumstances other than (00124237.DOCX 7) 5