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i WHEREAS , District is willing to permit said temporary encroachments provided ATC complies with the terms and conditions of this Agreement and ATC indemnifies and holds the District harmless as herein below specified and provided ATC' borings are approved by the local County or State building or construction codes and as hereinafter specified, and WHEREAS , District and ATC agree that they jointly participated in the negotiation and drafting of this Agreement, having sought advice and legal counsel of their own choice , NOW, THEREFORE, it is agreed as follows: t . Nature of Riaht Conferred , District intends hereby to assent only to a temporary encroachment upon the District's Land , all subject to the terms hereof. Nothing in this Agreement constitutes a grant or other disposition of any land or interest in land which is owned or otherwise occupied by the District. ATC acknowledges that the lands upon which the facilities of the District are located may not be entirely owned in this Agreement acknowledges g b the District, and further that the consent contained Y relates only to nl the rights of the District b virtue of its ownership or of an easement or g Y easements upon Subject Property or upon land owned in fee by District. It is understood that nothing in this Agreement shall be considered as a representation by the District of the authority to grant any interest in land over, across, or under any property owned or controlled by any person other than the District and ATC shall obtain j any further grants or consents from all others owning interests in the underlying easement land . It is further agreed that any right granted to ATC hereunder shall be inferior and subordinate to the rights of the District. Except as herein expressly permitted , ATC shall not place or permit to be placed on , in , across, or through said easement or right-of-way any building , structure, explosive, well , guy wire, or any other obstruction, nor do or permit to be done , anything which may interfere with the full and exclusive enjoyment by the District of the easement or right-of--way owned by it. ATC shall not authorize or permit encroachment by others or utilize the easement or rightof- way area in any manner which may endanger , interfere , or make more expensive the proper use and operation of any works or property of the District without first obtaining the written consent of the District. 2 . Assignments and SublioenWs . ATC may not, without the prior written consent of the District, assign or otherwise transfer any right created by this Agreement provided, however, that ATC will remain responsible for all of ATC' obligations in this Agreement until District shall have approved in writing such assignment or transfer and until the proposed transferee has assumed in writing all of ATC' obligations hereunder. Districts approval of the proposed transferee shall be limited to District's review of the financial capability of the proposed transferee and its determination that the proposed transferee's financial capability is sufficient in light of the obligations to be imposed on such transferee by this Agreement. ATC shall not authorize or permit others to utilize 2 c abed F /. � R - :1bR - Rn7 WH -1 .L3CM3SH7 mea 3MLJ wusa : L 6002 br JdL