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WESTERING 308 389 3778 04129104 10:10am P. 002 200405627 DC agrees to notify Scott Johnson with the City's Street Department (385 -5322) and Bob Smith with the City's Utilities Department (385 -5444) prior to drilling to locate street light circuit and other underground utilities. 3. RESTORATION OF PROPERTY. If the construction or maintenance of the 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 or neighboring property, DC shall restore the surface of the area to the same condition as it existed immediately prior to DC's work in the area. 4. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of sixty (60) days written notice of intention to terminate by any patty upon the other party. (b) DC'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 Paragraph 1 above and said work has the prior written approval of the City. (c) DC's construction or installation of any structure or improvement of any nature upon the public right-of-way except that described in Paragraph I above. Upon the termination of this License Agreement, DC shall be required, and hereby agrees, to remove said improvement from the public right -of -way at its own expense and without cost to the City. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph 4 above. Should DC fail to do so, the City may remove or cause the removal of said improvement from the public right - of -way and DC agrees to reimburse the City for all its costs. 5. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and assigns. 6. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the parties notwithstanding any other oral or written agreements to the contrary. This License Agreement shall be amended only in writing executed by all parties hereto. 7. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of the State of Nebraska and the City of Grand Island, Nebraska. 8. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. DATED: toll b `1 -2-