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0 2 04071 3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for damages against the Permitor, its officers, employee, agents and independent contractors for any damage or injury that may result to said installation/improvement. If the Permitor, in its sole discretion, determines that any part or all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee agrees to assume and pay all costs relating to the replacement or repair of the installation/improvement. Permittee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this permit. All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and that the cost of making such changes, additions, repairs and relocations shall be borne by the applicant, and that all of the cost of the work to be accomplished under this permit shall be borne by the permittee who agrees to hold the City harmless therefore. Permittee is responsible for submitting an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the "excavator" has determined the work is complete. Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor eliminate any interference with know/marked City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Permittee. 4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original construction and future maintenance work on the described installation/improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Permittee shall be responsible for any and all damages, except to the extent that such damaged facility failed to comply with the requirement of Neb. Rev. Stat. 76-2301 et seq. Area 10 is the only piece that has a portion involving City of Grand Island Public Right -of -Way. The Nebraska Department of Transportation and Hall County Public Works must give approval for work done in their public right-of-way. Must maintain a minimum three (3) foot horizontal separation when paralleling water mains. Also, must maintain a minimum one (1) foot vertical separation at water main crossings. The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the operation or maintenance of the facilities of other persons, firms or corporations previously issued permits of use and occupancy, and the proposed facilities shall not be dangerous to persons or property using or occupying the roadway or using facilities constructed under previously granted permits of use and occupancy; and that the City's records of prior permits are available, it being the duty of the applicant to determine the existence and location of all facilities within the City right-of-way/easement. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of-way/easement or neighboring property, the Permittee shall restore the surface of the area to the same condition as it existed immediately prior to the Permittee's work in the area. Drainage in roadway side and cross ditches must be maintained at all times. The entire right-of-way/easement affected by work under a permit must be restored to as good a condition as existed prior to beginning work to the complete satisfaction of the City Engineer. 6. EFFECTIVE DATE. This Right-of-Way/Easement Utility Permit shall take effect on the date it is executed by the Public Works Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. 7. TERMINATION. This Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following occurrences: