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20190727 SUCCESSOR AND ASSIGNS, AGREES TO ERECT AND MAINTAIN ON SAID EASEMENT -WAY A HARD -SURFACE DRIVE ADEQUATE FOR MOTOR VEHICLE TRAFFIC. GRANTEE AND ITS HEIRS, SUCCESSORS AND ASSIGNS AGREES TO REPAIR AND MAINTAIN SUCH DRIVEWAY IN GOOD SAFE CONDITION, INCLUDING REMOVAL OF SNOW AND ICE AS IS REASONABLE AND NECESSARY FROM TIME TO TIME; PROVIDED, THAT IN CASE OF ABANDONMENT OF SUCH EASEMENT BY THE GRANTEE, ITS HEIRS, SUCCESSORS AND ASSIGNS, FOR THE PURPOSES ABOVE MENTIONED, OR IF GRANTEE, ITS HEIRS, SUCCESSORS AND ASSIGNS, FAILS TO REPAIR AND MAINTAIN SUCH RIGHT-OF-WAY AS HEREIN PROVIDED, THE GRANTOR OR GRANTOR'S HEIRS, SUCCESSOR OR ASSIGNS, SHALL HAVE THE RIGHT TO REENTER, AND TO HOLD, OWN AND POSSESS SUCH EASEMENT -WAY IN THE SAME MANNER AND TO THE SAME EXTENT AS IF THIS CONVEYEANCE OF EASEMENT -WAY HAD NEVERY BEEN MADE. 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 proposed pull box along Broadwell Avenue is near an underground electric line, which will need to be located and coordinated with Grand Island Utilities. There is also sanity sewer main in area, some of which is shallow, that requires careful locating. 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. 21 Page Unite Private Networks 2015 North Broadwell Avenue