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<br />I <br /> <br />84 - 002718 <br /> <br />2. It is understood and agreed that the Licensees may construct <br /> <br />and maintain the existing building in the public right-of-way above <br /> <br />defined at their 0':."11 risk~ The Licensees hereby waive any claim for damages <br /> <br />against the City of Grand Island, its officers, agents, employees and <br /> <br />independent contractors for any damage or injury that may result to said <br /> <br />existing building located in the City right-of-way. <br />3. The Licensees shall indemnify and hold harmless the City from <br /> <br />and against any and all loss and damage, and any and all claims, demands, <br /> <br />snits, liabilities, and payments in contract or in tort, penal or <br /> <br />otherwise, resulting from or in respect of the Licensees' use of the <br /> <br /> <br />City right-of-way for the aforesaid existing building. <br /> <br /> <br />4. This license shall take effect immediately upon the date <br /> <br /> <br />of the last party executing this agreement, and shall continue for an <br /> <br /> <br />indefinite term; provided, that the Licensees may terminate this agreement <br /> <br />at any time by giving the City six months written notice. This agreement <br /> <br />shall also terminate should the Licensees apply for any permit for the <br /> <br /> <br />modification of the building extending upon the City right-of-way, or in <br /> <br /> <br />the event that the building shall be damaged or destroyed to the extent of <br /> <br /> <br />50 per cent or more of its value by fire, wind, flood, demolition, or other <br /> <br />cause. Upon termination of this agreement, the Licensees shall be required <br /> <br />and hereby agree to remove that portion of existing building occupying the <br /> <br />City right-of-way at their expense and without cost to the City prior to the <br /> <br />expiration period of this agreement. <br /> <br />5. This agreement shall be binding upon the parties hereto. <br /> <br />their successors and assigns. <br /> <br />-2- <br /> <br />u <br /> <br />L <br /> <br />~ <br /> <br />L <br />