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<br />200806107 <br /> <br />\ <br /> <br />relating to the replacement or repair of the improvement. Licensee indemnifies and holds the <br />City harmless from and against all claims arising out of the use or occupancy allowed under <br />this agreement. <br /> <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph I above requires the excavation of earth, removal of <br />hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the <br />public right-of-way or neighboring property, the Licensee shall restore the surface of the area <br />to the same condition as it existed immediately prior to the Licensee's work in the area. <br /> <br />5. 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 />6. TER.M.INATION. This License Agreement shall terminate upon one or more <br />of the following occurrences: <br /> <br />(a) The service of written notice of intention to terminate by licensee and the <br />removal of any improvements infringing upon the City's property, right-of-way, or <br />easement. <br /> <br />(b) The Licensee's application for a permit to alter said improvement or any part <br />thereof, unless said permit is for work due to an occurrence as described in Paragraph <br />3 above and said work has the prior written approval of the Licensor. <br /> <br />(c) The Licensee's construction or installation of any structure or improvement of <br />any nature upon the easement owned by the Licensor except that described in <br />Paragraph 1 above. <br /> <br />(d) The City may revoke this agreement at any time. <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 easement at its own expense <br />and without cost to the Licensor. Said removal to occur no later than sixty (60) days after <br />receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph <br />6 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal of <br />said improvement from the Licensor's easement and the Licensee agrees to reimburse the <br />Licensor for all its costs. <br /> <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br /> <br />8. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to the <br />contrary. This License Agreement shall be amended only in writing executed by all parties <br />hereto. <br /> <br />2 <br />