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B (c ✓Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 LA -21-40 This Space Reserved for Register of Deed License Agreement This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and NebraskaLink Holdings, LLC, dba OPTK Networks & , Owner, hereinafter referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon a public right of way: To access the City's public right-of-way in the area of Old Potash Highway and Webb Road to relocate fiber from aerial to underground in connection with the Old Potash Highway Roadway Improvements; Project No. 2019-P-1, per the attached exhibit "A" dated 2021/7/9 and consisting of four (4) pages. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's public right of way to which this License Agreement shall apply: PUBLIC RIGHT-OF-WAY IN THE AREA OF OLD POTASH HIGHWAY AND WEBB ROAD, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 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.