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4/13/22, 7:42 AM 2 0 2 2 !r` 3 3 ri the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvemE Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupai allowed under this agreement. Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Gra Island Public Works Department, as well as submitting an approved traffic control plan prior commencement of any work. Locate flags shall be removed after the "excavator" has determined I work is complete. Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor to eliminate any interference with know/marked City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Licensee 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating origi construction and future maintenance work on the described improvement. No excavation work will be permittec the area of underground utility facilities until all such facilities have been located and identified to the satisfactior all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facilil The Licensee shall be responsible for any and all damages, A minimum three (3) feet separation must maintained from underground electric lines. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in ParagrE 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any of disruption of the surface of the public right-of-way or neighboring property, the Licensee shall restore the surfacE the area to the same condition as it existed immediately prior to the Licensee's work in the area. 6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Public Wo Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or u such time as it is terminated as provided hereafter. 7. TERMINATION. This License Agreemt shall terminate upon one or more of the following occurrence (a) The service of sixty (60) days written ten notice of intention to terminate by any party upon the other party. (b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said permi for work due to an occurrence as described in Paragraph 3 above and said work has the prior written appro of the Licensor. (c) The Licensee's construction or installation of any structure or improvement of any nature upon the Ci property, public right-of-way, or easement owned by the Licensor except that described in Paragraph 1 abo\, Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to rem( said improvement from the Licensor's property at its own expense and without cost to the Licensor. Said remo to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrent set forth in Paragraph 7 above. Should the Licensee fail to do so, the Licensor may remove or cause the remc of said improvement from the Licensor's property and the Licensee agrees to reimburse the Licensor for all costs. 8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors assigns. 9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the pari notwithstanding any other oral or written agreements to the contrary. This License Agreement shall be amen( only in writing executed by all parties hereto. 10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of the StatE Nebraska and the City of Grand Island, Nebraska. 11. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement is appropriE 2/3