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(collectively "Commission ") the License to enter upon the Real Estate to <br />construct and install the Site Amenities ( "License "). <br />to the mutual covenants and promises contained in the Agreement, the Parties <br />agree as <br />1. Incorporation of Background. The Background provisions are incorporated into <br />the Oper4tive provisions of this Agreement as if fully set forth herein. <br />2. Grant of License. The grant of License to the Commission shall be used only for <br />the purpose of providing Site Amenities on the Real Estate. The License includes incidental <br />rights of ingress and egress to the Real Estate. <br />3. Exclusive Grant of License. The License and all interest and rights created by <br />this Agreement are, and shall remain exclusive to the Commission subject to use of the Real <br />Estate 4 Data Realty and its successors and assigns in any manner not inconsistent with the <br />rights of the Commission created by this License. <br />4. Termination of License. The License, rights, and privileges granted hereunder <br />shall terminate when or at such time as the Site Amenities are completed to the satisfaction of the <br />Parties, and a Certificate of Compliance is executed between the Parties certifying the Site <br />Amenities required by the Contract are completed. <br />5. Warranty, Maintenance, and Repair. Upon completion of the Site Amenities, (i) <br />the Commission shall assign any warranties it may have regarding the Site Amenities to Data <br />Realty. a d (ii) Data Realty shall assume all maintenance, repair, and replacement obligations <br />which ar outside of any warranty assigned to Data Realty. <br />6.1 Data Realty Reservation of Rights. Data Realty retains, reserves, and shall <br />continue the use of the Real Estate for any purposes which do not interfere with or prevent the <br />use by <br />of the License granted by this Agreement. <br />2 <br />