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ac==* <br />License Agreement <br />City /Vivian I. Kersey Trustee for Vivian I. Kersey Trust <br />Page Two (2) <br />along and upon the easterly line of said Lot 1, Block <br />5, a distance of 116.4 feet to the point of beginning. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and <br />agreed that the Licensee may construct, maintain, repair and <br />utilize the above described improvement at the Licensee's sole <br />risk. The Licensee hereby waives any claim for damages against <br />the City, its officers, employees, agents and independent <br />contractors for any damage or injury that may result to said <br />improvement. If the City, in its sole discretion, determines <br />that any part or all of the improvement must be removed or is <br />damaged by the City, its employees, agents, or independent <br />contractors working for the City during the course of their <br />employment or duties with the City, the Licensee agrees to assume <br />and pay all costs relating to the replacement or repair of the <br />improvement. <br />4. EFFECTIVE DATE. This license agreement shall take <br />effect on the date it is executed by the Mayor of the City of <br />Grand Island as dated below. It shall continue for an indefinite <br />term until such time as it is terminated as provided hereafter. <br />5. TERMINATION. This License Agreement shall terminate <br />upon one or more of the following occurrences: <br />a. The service of sixty days written notice of <br />intention to terminate by any party upon the other party. <br />b. The Licensee's application for a permit to <br />alter said improvement or any part thereof, unless said <br />permit is for work due to an occurrence as described in <br />Paragraph 3 above and said work has the prior written <br />approval of the City. <br />Upon the termination of this License Agreement, the Licensee <br />shall be required, and hereby agrees, to remove said improvement <br />from the City's real estate at its own expense and without cost <br />to the City. Said removal to occur no later than sixty days <br />after receipt of the notice of intention to terminate or any of <br />the other occurrences set forth in Paragraph 5 above. Should the <br />Licensee fail to do so, the City may remove or cause the removal <br />of said improvement from the City's real estate and the Licensee <br />agrees to reimburse the City for all its costs. <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be <br />binding upon the parties hereto, their successors and assigns. <br />8. ENTIRE AGREEMENT. This License Agreement constitutes <br />the entire agreement between the parties notwithstanding any <br />other oral or written agreements to the contrary. This License <br />A <br />a] <br />