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20260245'; <br />4/18/26, 2:37 PM P.366465 - Right -of -Way Easement Utility PMNt.Mm <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the Installation/Improvement Identified In Paragraph 1 above requires the excavation of <br />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, <br />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. <br />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 <br />as good a condition as existed prior to beginning work to the complete satisfaction of the City Engineer. <br />8. 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 <br />Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following occurrences: <br />(a) The service of sbdy (60) days written notice of intention to terminate by any party upon the other party. If there is a valid Franchise Agreement between the <br />Permitor and Permitee, the termination provisions in that agreement shall supersede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said permit is for work due to an occurrence as described in <br />Paragraph 3 above and said work has the prior written approval of the Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the Citys property, public right-of-way, or easement owned <br />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 agrees, to remove said Improvement from the <br />Permltors property at its own expense and without cost to the Permitor. Said removal to occur no later than sixty (60) days alter receipt of the notice of intention to <br />terminate or any of the occurrences set forth in Paragraph 7 above. Should the Permitee fail to do so, the Permitor may remove or cause the removal of said <br />Improvement from the Permltor's property and the Permittee agrees to reimburse the Permitor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and assigns. <br />9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the parties notwithstanding any other oral or written permits to <br />the contrary. This Rightof-Way/Easement Utility Permit shall be 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 of the State of Nebraska and the City of Grand <br />Island, Nebraska. The rights and privileges granted herein shall be nonexclusive and shall not be construed to be any broader than those expressly set out in City <br />Code or State Law, regardless of the language used in this permit and that any facilities placed on City right-of-way/easement shall be placed In accordance with <br />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 Permit Is appropriate, the singular shall apply to the <br />plural and the plural shall apply to the singular. <br />t5e//IM ER STATES- CLIENTSf.UMENINEBRASKA/P.3/P.35544851P.355486 - Rghtof-YVay Easement UMlty Pemit him 3/4 <br />