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<br />200606234 <br /> <br />North, Range 9 West of the 6th P.M. in the City of Grand Island, Hall County, <br />Nebraska. <br /> <br />2. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the <br />Licensee may construct, maintain, repair and utilize the above described improvement at the <br />Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its <br />officers, employees, agents and independent contractors for any damage or injury that may result <br />to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the <br />improvement must be removed or is damaged by the Licensor, its employees, agents or <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. <br /> <br />3. RESTORATION OF PROPERTY. If the installation or maintenance of the <br />improvement identified in Paragraph 1 above requires t.he 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 /> <br />4. 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 /> <br />5. TERMINATION. This License Agreement shall terminate upon one or more of <br />the following occurrences: <br /> <br />(a) The service of sixty (60) days written notice of intention to terminate by any party <br />upon the other party. <br /> <br />(b) The Licensee's application for a permit to alter said improvement or any part <br />thereof. <br /> <br />(c) The Licensee's construction or installation of any structure or improvement of any <br />nature upon the right-of-way held by the Licensor except that described in Paragraph 1 <br />above. <br /> <br />Upon the termination of this License Agreement, the Licensee shall be required, and <br />hereby agrees, to remove said improvement from the Licensor's right-of-way at its own expense <br />and without cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt <br />of the notice of intention to terminate or any of the occurrences set forth in Paragraph 5 above. <br />Should the Licensee fail to do so, the Licensor may remove or cause the removal of said <br />improvement from the Licensor's right-of-way and the Licensee agrees to reimburse the Licensor <br />for all its costs. <br /> <br />6. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br /> <br />- 2 - <br />