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202102419
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Last modified
3/24/2021 12:01:33 PM
Creation date
3/24/2021 12:01:33 PM
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DEEDS
Inst Number
202102419
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202102419- <br />3. <br />02102415 <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the <br />Licensee may construct, maintain, repair, and utilize the above-described improvement at the <br />Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its <br />officers, employees, agents, and independent contractors for any damage or injury that may <br />result to said improvement. If the Licensor, in its sole discretion, determines that any part or all <br />of the improvement must be removed or is damaged by the Licensor, its employees, agents or <br />independent contractors working for the Licensor during the course of their employment or <br />duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the <br />replacement or repair of the improvement. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard <br />surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public <br />right-of-way or neighboring property, the Licensee shall restore the surface of the area to the <br />same condition as it existed immediately prior to the Licensee's work in the area. <br />5. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor 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 />6. TERMINATION. This License Agreement shall terminate upon one or more of <br />the following occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by either <br />party. <br />(b) <br />The Licensee's construction or installation of any structure or improvement of any <br />nature upon the real estate owned by the Licensor except that described in <br />Paragraph 1 above. <br />Upon the termination of this License Agreement, the Licensee shall be required, and <br />hereby agrees, to remove said improvement from the Licensor's real estate at its own expense <br />and without cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt <br />of the notice of intention to terminate or any of the occurrences set forth in this Paragraph 6. <br />Should the Licensee fail to do so, the Licensor may remove or cause the removal of said <br />improvement from the Licensor's real estate and the Licensee agrees to reimburse the Licensor <br />for all its costs. <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors, and assigns. <br />8. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to the <br />contrary. This License Agreement shall be amended only in writing executed by all parties <br />hereto. <br />
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