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201704180 <br />3419 W State Street LA <br />2/3 <br />5. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and <br />coordinating original construction and future maintenance work on the described project. No <br />excavation work will be permitted in the area of underground utility facilities until all such facilities <br />have been located and identified to the satisfaction of all parties. The excavation must be done with <br />care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible <br />for any and all damages provided said facilities were properly marked. <br />6. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard <br />surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the easement or <br />neighboring property, the Licensee shall restore the surface of the area to the same condition as it <br />existed immediately prior to the Licensee's work in the area. Any disruption to the area will be <br />matched to the existing surface; no filling or cutting. <br />7. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed <br />by the Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term or <br />until such time as it is terminated as provided hereafter. <br />8. TERMINATION. This License Agreement shall terminate upon one or more of the <br />following occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of <br />any improvements infringing upon the City's property, right -of -way, or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, <br />unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work <br />has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any <br />nature upon the real estate owned by the Licensor except that described in Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby <br />agrees, to remove said improvement from the Licensor's property or easement at its own expense <br />and without cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt of <br />the notice of intention to terminate or any of the occurrences set forth in Paragraph 8 above. Should <br />the Licensee fail to do so, the Licensor may remove or cause the removal of said improvement <br />from the Licensor's property or easement and the Licensee agrees to reimburse the Licensor for all <br />its costs. <br />9. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties <br />hereto, their successors and assigns. <br />10. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement <br />between the parties notwithstanding any other oral or written agreements to the contrary. This <br />License Agreement shall be amended only in writing executed by all parties hereto. <br />11. CHOICE OF LAWS. This License Agreement shall be construed in accordance with <br />the laws of the State of Nebraska and the City of Grand Island, Nebraska. <br />