CITY’S RIGHTS ARE NONEXCLUSIVE Sample Clauses

CITY’S RIGHTS ARE NONEXCLUSIVE. CITY’s use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary purpose of DISTRICT’s right of way, including, but not limited to PREMISES is for flood control purposes and to protect the safety, health and welfare of the public. Consequently, DISTRICT reserves the right in its sole and absolute discretion to use the PREMISES as necessary to access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT flood control facilities, and all other purposes permitted by law. At its own expense, CITY shall be responsible for the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS whenever DIRECTOR determines such RECREATION IMPROVEMENT on PREMISES conflicts with DISTRICT purpose as described above, and CITY agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harmless from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or property arising out of any rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall provide CITY with at least one working day notice of the need to temporarily close a RECREATION IMPROVEMENT to allow DISTRICT to work on PREMISES unless emergency conditions require immediate action by DISTRICT in which case CITY shall be notified within a reasonable period of time.
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CITY’S RIGHTS ARE NONEXCLUSIVE. Subject to the provisions herein, CITY’s use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary purpose of DISTRICT’s PROPERTY, including, but not limited to PREMISES is for flood control and water reclamation to protect the safety, health and welfare of the public and carry out the objectives of the Orange County Flood Control Act, as set forth in California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. sections 36-1 et seq. DISTRICT reserves the right in its sole and absolute discretion to use the PREMISES as necessary to access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT PROPERTY, and all other uses permitted by law, and to restrict use of and access to the PREMISES by any and all persons, including any RECREATION IMPROVEMENTS, as deemed necessary by the DIRECTOR. At its own expense, CITY shall, upon reasonable prior notice of the DIRECTOR, be responsible for the rerouting of any pedestrian/bikeway and/or trail use on PREMISES whenever DIRECTOR determines such use on PREMISES conflicts with DISTRICT purpose and use of DISTRICT PROPERTY. CITY agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harmless from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or property arising out of any rerouting of any pedestrian/bikeway and/or trail use. Subject to the business needs and flood control purpose of the DISTRICT, the DIRECTOR shall provide CITY with at least two (2) working days’ notice of any need to temporarily close down the public use of the RECREATION IMPROVEMENTS to allow DISTRICT to work on PREMISES, unless emergency conditions require immediate action by DISTRICT in which case CITY shall be notified as quickly as feasible.
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Related to CITY’S RIGHTS ARE NONEXCLUSIVE

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