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202401213
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Last modified
3/25/2024 10:19:51 AM
Creation date
3/25/2024 10:18:04 AM
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DEEDS
Inst Number
202401213
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20240121 3 <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. If <br />there is a valid Franchise Agreement between the Permitor and Permitee, the termination provisions in that <br />agreement shall supercede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said permit is <br />for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval <br />of the Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the City's <br />property, public right-of-way, or easement owned by the Permitor except that described in Paragraph 1 above. <br />Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby <br />agrees, to remove said improvement from the Permitor's property at its own expense and without cost to the <br />Permitor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate or <br />any of the occurrences set forth in Paragraph 7 above. Should the Permitee fail to do so, the Permitor may remove <br />or cause the removal of said improvement from the Permitor's property and the Permittee agrees to reimburse the <br />Permitor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and <br />assigns. <br />9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the parties <br />notwithstanding any other oral or written permits to the contrary. This Right-of-Way/Easement Utility Permit shall be <br />amended only in writing executed by all parties hereto. <br />10. CHOICE OF LAWS. This Right-of-Way/Easement Utility Permit shall be construed in accordance with the laws <br />of the State of Nebraska and the City of Grand Island, Nebraska. The rights and privileges granted herein shall be <br />nonexclusive and shall not be construed to be any broader than those expressly set out in City Code or State Law, <br />regardless of the language used in this permit and that any facilities placed on City right-of-way/easement shall be <br />placed in accordance with existing laws and the standards of the City. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this Right-of-Way/Easement Utility <br />Permit is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. <br />
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