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202004983 Licensee has been provided notice of the need to complete such work and Licensee fails to complete such work within a reasonable time. 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. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the Improvements 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 to the same condition as it existed immediately prior to the Licensee's work in the area. Utility manhole rings and covers shall be raised by the Licensee if any fill is brought in, and shall be approved by City staff. 6. BOARD OF DIRECTORS AND OFFICERS. Licensee shall provide Licensor with written notice identifying the names and addresses of the members of Licensee's board of directors and any change in membership. 7. EFFECTIVE DATE. This 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. 8. TERMINATION. This Agreement may be terminated as follows: (a) By Licensee upon service of written notice of intention to terminate delivered to Licensor and the removal of any Improvements identified by the Licensor as infringing upon the Licensor's property, right-of-way, or easement. (b) By Licensor upon the Licensee's construction or installation of any structure or improvements within the right-of-way without prior authorization of Licensor and Licensee's failure to remove the same within 30 days following written demand by Licensor. (c) By Licensor upon Licensee default to perform its duties and obligations hereunder and such failure has continued for more than thirty (30) days. Upon the termination of this Agreement, the Licensee shall be required, and hereby agrees, to remove said Improvement from the Licensor's public rights-of-way at Licensee's expense and without cost to the Licensor. Said removal shall occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph 6 above. Provided, however in all events Licensee shall only be required to remove those Improvements (or portions of the Improvements) identified in writing by the Licensor for removal. Should the Licensee fail to remove such Improvements, the Licensor may remove or cause the removal of the same from the Licensor's right-of-way and the Licensee shall reimburse the Licensor for all its costs. 9. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors and assigns. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties notwithstanding any other oral or written agreements to the contrary. This Agreement shall be amended only in writing executed by all parties hereto. 11. CHOICE OF LAWS. This Agreement shall be construed in accordance with the laws of the State of Nebraska and the City of Grand Island, Nebraska. 2lPage Prairie Commons Association License Agreement