MOU - ROW Encroachment for Mural - Early Bird Eatery, LLC

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d.This MOU only provides permission related to this specific mural design, dimensions, and color, any new mural, or modifications to the existing mural, will need prior written approval from the City. Term, Termination and Restoration. This Agreement and the License granted to Licensee hereunder shall commence as of the Effective Date and shall continue until such time as either party provides the other with a written Notice of Termination of this Agreement. If the City provides the Licensee with written Notice of Termination, the Licensee agrees to promptly restore the City property to the same or better condition that existed prior to the installation of the encroachment QRUPDO ZHDU DQG WHDU H[FHSWHG. No Interest in City Property. Licensee understands, acknowledges and agrees that this Agreement does not create an interest or estate in Licensee's favor in the City Property. The City retains legal possession of the full boundaries of its Property and this Agreement merely grants to Licensee the personal privilege to use the Encroachment Area described above throughout the term of this Agreement. No Vested Right. Notwithstanding any expenditure of money, time and/or labor by Licensee on or within the Encroachment Area, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of Licensee. Licensee shall expend any time, money or labor on or in the Encroachment Area at Licensee's own risk and peril. Limited Scope of License. The License granted to Licensee is limited in scope to the installation of the mural, as depicted and described on Exhibit A. Licensee shall not have the right to expand the Encroachment Area or alter or change Licensee's use of the Encroachment Area without the City's prior written consent. Non-Transferability of License. The License granted to Licensee by this Agreement is a mere personal privilege granted by the City to Licensee and is neither transferable nor assignable by Licensee without the City's prior written consent. Compliance with Law. Licensee shall adhere to and comply with all ordinances, laws, rules and regulations that may pertain to or apply to the Encroachment Area and the Licensee's use thereof. Licensee agrees and warrants that it has procured or shall procure any licenses, permits or like permission required by law, if any, to conduct or engage in the use of the Encroachment Area described herein, that Licensee will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that Licensee will keep the same in full force and effect during the term of this Agreement. Licensee shall perform under this Agreement in accordance with all applicable legal requirements. Indemnification. To the fullest extent permitted by law, Licensee agrees to indemnify, defend and save the City, its officers, agents, servants, employees, boards and commissions harmless from and against: DDamage to Licensee's Property. Any and all claims, loss or damage (including