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201903054 U.S. HIGHWAY NO. 281; THENCE DUE SOUTH ALONG THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 281, A DISTANCE OF ONE THOUSAND ONE HUNDRED THIRTY FOUR AND SIXTY SEVEN HUNDRED (1,134.67) FEET; THENCE S58°11'47"E ALONG THE NORTHEASTERLY LINE OF SAID U.S. HIGHWAY NO. 281, A DISTANCE OF ONE HUNDRED SEVENTY ONE AND FOUR TENTHS (171.4) FEET; THENCE S86°41'59"E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HUSKER HIGHWAY, A DISTANCE OF FIVE HUNDRED THIRTY AND TWO TENTHS (530.2) FEET; THENCE S86°20' 19"E ALONG THE NORTHERLY LINE OF SAID HUSKER HIGHWAY, A DISTANCE OF ONE HUNDRED SEVENTY AND ONE TENTH (170.1) FEET; THENCE S88°20'16"E ALONG THE NORTHERLY LINE OF SAID HUSKER HIGHWAY, A DISTANCE OF FOUR HUNDRED TWENTY NINE AND SIX TENTHS (429.6) FEET TO THE PLACE OF BEGINNING. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and independent contractors for any damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand Island Public Works Department, as well as submitting a traffic control plan prior to commencement of any work. Locate flags shall be removed after the "excavator" has determined the work is complete. 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described improvement. 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, except to the extent that such damaged facility failed to comply with the requirements of Neb. Rev. Stat. 76-2301 et seq. The following statement shall be incorporated into the fiber path plans and a note shall be placed on any plans that are given to the boring staff/contractors before it is approved - "Conduit shall not be placed between the City's traffic signal cabinet and connecting traffic signal conduit/poles. Conduit must be offset a minimum of 5' from the base of any traffic signal cabinet, traffic signal pole, or traffic signal pull box." 5. RESTORATION OF PROPERTY. If the construction or maintenance 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 utility easement, public right-of-way, or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in the area. 6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Public Works Director / City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. 7. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of written notice of intention to terminate by licensee and the removal of any improvements infringing upon the City's property, right-of-way, or easement. 21 Page Unite Private Networks 3309 Husker Highway & 3180 W US Highway 34