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201707428
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Last modified
12/9/2019 6:12:22 PM
Creation date
10/31/2017 3:01:41 PM
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DEEDS
Inst Number
201707428
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201707428 <br /> 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and <br /> coordinating original construction and future maintenance work on the described improvement. No <br /> excavation work will be permitted in the area of underground utility facilities until all such facilities have <br /> been located and identified to the satisfaction of all parties. The excavation must be done with care in <br /> order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any <br /> and all damages. <br /> 5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br /> identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, <br /> vegetation, landscaping, or any other disruption of the surface of the public right-of-way or neighboring <br /> property, the Licensee shall restore the surface of the area to the same condition as it existed <br /> 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 executed <br /> by the Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term or until <br /> such time as it is terminated as provided hereafter. <br /> 7. TERMINATION. This License Agreement shall terminate upon one or more of the <br /> following occurrences: <br /> (a) The service of sixty(60)days written notice of intention to terminate by any party upon the <br /> other party. <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 nature <br /> upon the public right-of-way owned by the Licensor except that described in Paragraph 1 above. <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 easement at its own expense and without cost <br /> to the Licensor. Said removal to occur no later than sixty(60) days after receipt of the notice of intention <br /> to terminate or any of the occurrences set forth in Paragraph 5 above. Should the Licensee fail to do so, <br /> the Licensor may remove or cause the removal of said improvement from the Licensor's easement and <br /> the Licensee agrees to reimburse the Licensor for all its costs. <br /> 8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties <br /> hereto,their successors and assigns. <br /> 9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement <br /> between the parties notwithstanding any other oral or written agreements to the contrary. This License <br /> Agreement shall be amended only in writing executed by all parties hereto. <br /> 10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the <br /> laws of the State of Nebraska and the City of Grand Island, Nebraska. <br /> 11. CONTENT OF LANGUAGE. Wherever the context of the language in this License <br /> Agreement is appropriate,the singular shall apply to the plural and the plural shall apply to the singular. <br /> 21Page <br /> 2531 New Jersey Circle & 2534 Idaho Avenue <br /> License Agreement <br />
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