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m' <br />co <br />2 D <br />n= <br />This Space Reserved for Register of Deeds <br />PLEASE RETURN TO: <br />CATRINA DELOSH <br />PUBLIC WORKS DEPT <br />PO BOX 1968 <br />GRAND ISLAND, NE 68802-1968 <br />LICENSE AGREEMENT <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, <br />NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and USA <br />COMMUNICATIONS, hereinafter referred to as the "Licensee". <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth <br />the terms and conditions under which the Licensee may construct, maintain, repair, and utilize the <br />following described improvement which will encroach on City property: <br />5 7- 'D <br />Installation, maintenance and repair of fiber cable in various locations throughout the City, per <br />attached Exhibit "A". <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensor owns the following <br />described real estate to which this License Agreement shall apply: <br />Public Right -of -Way / Easements throughout the City, per attached Exhibit "A" <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee <br />may construct, maintain, repair and utilize the above described improvement at the Licensee's sole <br />risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, <br />agents and independent contractors for any damage or injury that may result to said improvement. If <br />the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed <br />or is damaged by the Licensor, its employees, agents or independent contractors working for the <br />Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to <br />assume and pay all costs relating to the replacement or repair of the improvement. Licensee <br />indemnifies and holds the City harmless from and against all claims arising out of the use or <br />occupancy allowed under this agreement. <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 <br />have been located and identified to the satisfaction of all parties. The excavation must be done with <br />S�Page <br />USA COMMUNICATIONS FIBER BUILD — VARIOUS LOCATIONS <br />LICENSE AGREEMENT <br />