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401904008 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 shall coordinate any and all work with the City of Grand Island, their consultant, and contractor to eliminate any interference with City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Licensee. 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 an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the excavation work has been determined to be 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. There is a private sanitary sewer main and traffic signal loops in the area of the proposed work; extreme caution and careful location will be required. The following 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. 2 1 P a g e QWEST CORPORATION d/b/a CENTURYLINK QC 3337 W State Street