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202101230 <br />Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and <br />contractor to eliminate any interference with know/marked City utilities. Any interference with City <br />utilities shall be addressed immediately and at the expense of the Licensee <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 order <br />to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and all <br />damages, except to the extent that such damaged facility failed to comply with the requirements of Neb. <br />Rev. Stat. 76-2301 et seq. Non City utility infrastructure shall not parallel a water main closer than 3 feet. <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 utility easement, public right-of-way, <br />or neighboring 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 by the <br />Public Works Director / City Engineer of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of any <br />improvements infringing upon the City's property, right-of-way, or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, unless <br />said permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior <br />written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature <br />upon the real estate owned by the Licensor except that described in Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, <br />to remove said improvement from the Licensor's real estate at its own expense and without cost to the <br />Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to <br />terminate or any of the occurrences set forth in Paragraph 7 above. Should the Licensee fail to do so, the <br />Licensor may remove or cause the removal of said improvement from the Licensor's real estate and the <br />Licensee agrees to reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their <br />successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the <br />parties notwithstanding any other oral or written agreements to the contrary. This License Agreement shall <br />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 laws of <br />the State of Nebraska and the City of Grand Island, Nebraska. <br />21Page <br />Unite Private Networks <br />3560 Kaufman Avenue HUB Move License Agreement <br />