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200309534 easement area are damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensees agree to assume and pay all costs relating to the replacement or repair of the improvement. In the event repair or replacement of the residence is necessary, the repaired or replaced portion of the building shall not extend into the easement more than the encroachment which exists at the time of the execution of this agreement. In addition, in an effort to prevent future damage, all corrective measures shall be considered prior to repairing or replacing any damaged portion of buildings encroaching the easement. 4. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Mayor 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. 5. TERMINATION. This License Agreement shall be perpetual unless one or more of the following events occur: (a) Both Licensor and Licensee reach a mutual written agreement to terminate. (b) The Licensees' alter the improvements to increase the encroachment without the prior written consent of Licensor. Upon the termination of this License Agreement, the Licensees shall be required, and hereby agree, to remove landscaping with features, or improvements other than the residence (dwelling unit and attached garage) from the Licensor's easement at their own expense and without cost to the Licensor. Said removal to occur no later than sixty (60) days after an agreement to terminate or any of the occurrences set forth in Paragraph 5 above. Should the Licensees fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensor's easement and the Licensees agree to reimburse the Licensor for all its costs. 6. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and assigns. 7. 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. 9. 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. 10. 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: 5 a 003 -2- f