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200307248 <br />independent contractors working for the Licensor during the course of their employment or <br />duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the <br />replacement or repair of the improvement unless damage is due to gross negligence by <br />Licensee's employees. <br />4. CHANGES TO LICENSED PREMISES. If Licensee seeks to locate any <br />additional improvements or alter any existing improvements located on the subject property <br />outside of the purpose of paragraph 1 of this Agreement, Licensee shall obtain prior approval <br />from Licensor. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard <br />surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public <br />right -of -way or neighboring property, the Licensee shall restore the surface of the area to the <br />same condition as it existed immediately prior to the Licensee's work in the area. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate in the event that <br />Licensee violates any of the provisions of this Agreement, Licensor will send written notice of <br />such violation and Licensee will have thirty (30) days to cure the breach of this Agreement. <br />Upon the termination of this License Agreement, Licensor may require Licensee to <br />remove any improvements from the Licensor's easement at Licensee's expense and without cost <br />to the Licensor. Said removal to occur no later than thirty (30) days after the expiration of the <br />thirty day period in which Licensee has the opportunity to cure any breech of this Agreement. <br />Should the Licensee fail to do so, the Licensor may remove or cause the removal of said <br />improvement from the Licensor's easement and the Licensee agrees to reimburse the Licensor for <br />all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to the <br />contrary. This License Agreement shall be amended only in writing executed by all parties <br />hereto. <br />10. CHOICE OF LAWS. This License Agreement shall be construed in accordance <br />with the laws of the State of Nebraska and the City of Grand Island, Nebraska. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this <br />License Agreement is appropriate, the singular shall apply to the plural and the plural shall apply <br />to the singular. <br />-2- <br />j <br />�1 <br />