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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 utilise the following described improvement which will infringe upon real estate owned or controlled by the City: A retaining wall at 593 East Eighteenth Street, Grand Island, Hall County, Nebraska. 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: Lot 6 and the East 31.0 feet of Lot 7, all in Block 4, Blain Addition to the City of Grand Island, Hall County, Nebraska. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages against the City, its officers, employees, agents and independent contractors for any damage or injury that may result to said improvement. If the City, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the City, its employees, agents, or independent contractors working for the City during the course of their employment or duties with the City, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. 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 until such time as it is terminated as provided hereafter. 5. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: a. The service of sixty days written notice of intention to terminate by any party upon the other party. b. The Licensee's application for a permit to alter said improvement or any part thereof, unless said