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201705083 4. LICENSOR'S DUTIES AND RISKS. The City of Grand Island shall be held harmless from any work done by the Licensee. The Licensee shall be responsible for the work. The Licensor shall not be held responsible for any injury to the groundwater, injury to employees or agents of Gavilon Grain, LLC or injury to any 3` party. The Licensor shall conduct daily inspections of said pedestrian walkway modifications, with approval of such by Licensor's Public Works Director, not to be unreasonably withheld. Upon final acceptance by Licensor of said pedestrian walkway modifications the Licensor shall assume ownership and maintenance of such. 5. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction on the described project. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and all damages. Identified utilities in the proposed area of construction include; • Storm Sewer — has been located and appears to be out of the area of impact. Depending on the exact location of the footings, there will be requirements for protecting the storm sewer during construction. It is important that the walkway, itself, has adequate drainage or slope to promote drainage. • Existing Overhead Walkway Lighting — Existing light fixture can be moved. At the appropriate time, coordinate with the City's Overhead Utility Division will be needed to disconnect and reconnect the Tight fixture. Upon review of the proposed sketches the ideal location for the light fixture is over the flat landings. • Railing — Reuse of the existing railing is the Licensor's preference. • Outside Curb Design (per the original underpass plans) — This design shall be incorporated into the walkway modifications. 6. RESTORATION OF PROPERTY. If the construction of the improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right -of -way or neighboring property, the Licensee shall restore the surface of the area. Any disruption to the area will be matched to the existing surface; no filling or cutting. 7. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Mayor of the City of Grand Island as dated below and shall continue for one (1) year from the effective date, or until final acceptance by the City, if earlier, to allow sufficient construction time. 8. TERMINATION. This License Agreement shall terminate upon completion of the relocated pedestrian walkway and acceptance of such by the Public Works Director 9. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and assigns. 10. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the parties notwithstanding any other oral or written agreements to the contrary. This License Agreement shall be amended only in writing executed by all parties hereto. 11. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of the State of Nebraska and the City of Grand Island, Nebraska. 12. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. 21Page Gavilon Grain, LLC License Agreement Eddy Street Underpass Walkway