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87- 103622 LICENSE AGREEMENT This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, herein referred to as the "City` and Northwestern Bell, 105 N. Wheeler,'Grand Island, Nebraska 68801, herein referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon real estate owned or controlled by the City: Cable vault under sidewalk. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns or controls the following described real estate adjacent to the City's real estate to which this License Agreement shall apply: I*t 5 Block Eighty, Original Town, now City of Grand Island, Hall County, Nebraska. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that Licensee may construct, maintain, repair and utilize the above - described improvement at the Licensee's sole risk. Licensee agrees to defend, indemnify and hold harmless the City, its officers and employees from and against all claims, suits, liabilities, judgments, costs, damages, and expenses which may accrue against, be charged or recovered from the City by reason of or on account of any personal injury or property damage arising from Licensee's use or occupancy of City property. It is clearly understood and agreed, however, that the foregoing indemnification and hold harmless agreement does not impose an obligation on the part of Licensee to defend the City from its gross negligence or willful misconduct or that of others. Licensee hereby waives any claim for damages against the City, its officers and employees for any damage or injury that may result to said improvement except when the same is a result rf gross negligence or willful misconduct on the part of the City, its officers or employees. If the City, in its sole discretion determines that any part or all of the improvement must be relocated, Licensee hereby agrees to assume and pay all costs relating to the relocation of said improvement. u I