15. PERMITTEE IS A LICENSEE a. The relationship of the Permittee to the Commonwealth of Massachusetts and DCR is that of a licensee to a licensor. Nothing herein contained shall create or be construed or implied as an agency relationship or legal partnership between the Permittee and DCR. b. The Permittee covenants that it will conduct itself consistent with such status, that the Permittee shall not hold itself out as nor claim to be an officer or employee of the Commonwealth or DCR and shall not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Commonwealth including but not limited to, workers compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. c. As a licensee, the Permittee may enter and use the Premises solely for those purposes herein contained. Any use of the Premises by the Permittee that is inconsistent with the terms herein shall be deemed a material breach of the Permittee’s rights and obligations under this Permit and shall constitute grounds for termination of this Permit. The Permittee acknowledges that this Permit does not confer any rights in real property (i.e., leasehold or easement) to the Permittee. 16. ACCESS The Commonwealth, DCR and its agents, employees, contractors, and other licensees, shall have full and unrestricted access to enter the Premises at all times to review the operations, inspect equipment, and control use of the Premises and to inspect the cleanliness and general upkeep and maintenance of the buildings and grounds. 17. ASSIGNMENT The Permittee shall not assign, sublicense, transfer, or otherwise dispose of its management responsibilities or of any right, interest, or use of the Premises covered by this Permit without the prior written consent of DCR. Any such disposition without the consent of DCR is void and shall constitute a material breach of this Permit which shall be cause for termination of the Permit by DCR. 18. MODIFICATIONS The terms of this Permit may not be modified, except in writing by mutual agreement of and signed by both parties. 19. MERGER CLAUSE The provisions of this Permit and any exhibits shall collectively constitute the entire agreement between the Parties for the use of the Premises. Any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of this Permit or any attachment are void and without effect. 20. ATTACHMENTS AND EXHIBITS All attachments to this Permit are hereby incorporated by reference and become part of this Permit. Any failure to comply with the terms contained in any attachment by either Party constitutes a breach of this
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