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201404308 <br />55.00 FEET; THENCE N89 °50'38 "E A DISTANCE OF 40.00 FEET; THENCE <br />S00 °09'22 "E A DISTANCE OF 55.00 FEET; THENCE S89 °50'38 "W A DISTANCE OF <br />40.00 FEET TO THE POINT OF BEGINNING. <br />3. LICENSEE'S AND LICENSOR'S DUTIES AND RISKS. It is understood <br />and agreed that the Licensee may construct, maintain, repair and utilize the above described <br />improvement at the Licensee's sole risk. The Licensor agrees and covenants that all costs of <br />any future alterations and/or relocations of the Licensee's facilities located within, upon, or <br />above the real estate shall be reimbursed by the Licensor when such alterations and/or <br />relocations are done at the Licensor's request for the benefit of itself or another party. <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for <br />locating and coordinating original construction and future maintenance work on the described <br />improvement. No excavation work will be permitted in the area of underground utility <br />facilities until all such facilities have been located and identified to the satisfaction of all <br />parties. The excavation must be done with care in order to avoid any possibility of damage to <br />any existing utility facilities. The Licensee shall be responsible for any and all damages <br />caused by its negligence. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of <br />hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the <br />real estate or neighboring properties, the Licensee shall restore the surface of the area to the <br />same condition as it existed immediately prior to the Licensee's work in the area. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall not terminate unless agreed <br />to by the Licensee for just compensation or other consideration. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement is executed in tandem with <br />a Utility Agreement relating to relocation of certain of Licensee's facilities (Exhibit A); <br />Exhibit A is expressly incorporated herein. This License Agreement (which includes the <br />incorporated Exhibit) constitutes the entire agreement between the parties notwithstanding <br />any other oral or written agreements to the contrary. This License Agreement shall be <br />amended only in writing executed by all parties hereto. <br />10. INDEMNIFICATION. Licensee indemnifies and holds the Licensor harmless <br />from and against all claims arising out of the use or occupancy allowed under this agreement, <br />except those arising from the negligence or willful misconduct of Licensor. <br />CenturyLink — License Agreement <br />