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200610033 improvement mLlst be removed or is 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 Licensee agrees to assume and pay all costs relating to the replacenlent or repair of the improvement. 4. 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, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in the area. 5. 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 tenninated as provided hereafter. 6. TERMINATION. This License Agreement shall ten11inate upon one or more of the following oceunences: (a) The service of sixty (60) days written notice of intention to temlinate by any party upon the other party. (b) The Licensee's application for a pennit to alter said improvement or any part thereat: unless said pemlit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor. (c) The Licensee's construction or installation of any structure or improvement of any nature upon the right-of-way held by the Licensor except that described in Paragraph 1 above. Upon the tennination of this License Agreement, the Licensee shall be required, and hereby agrees, to remove said improvement from the Licensor's right~of-way at its own expense and without cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the OCCUlTences set forth in Paragraph 6 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensor's right~of-way and the Licensee agrees to reimburse the Licensor for all its costs. 7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and assigns. 8. 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. - 2 -