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20050159'7 3. LICENSEE'S DUTIES AND RISKS. (a) The storm sewer structures must be approved by the City's Director of Public Works prior to construction of such storm sewer system. (b) Licensee shall be responsible for maintaining and /or repairing surface areas in the event of washouts in and around the Easement Area as a result of storm water drainage. (c) It is understood and agreed that Licensee may construct, maintain, repair and utilize the Improvements at Licensee's sole risk. Licensee hereby waives any claim for damages against Licensor, its officers, employees, agents and independent contractors for any damage or injury that may result to said Improvements. If Licensor, in its sole discretion, determines that any part or all of the Improvements materially impair the operation of Licensor's utilities, said Improvements must be relocated onto another part of the Easement Area designated by Licensor or if the Improvements are damaged by Licensor, its employees, agents or independent contractors working for Licensor during the course of their employment or duties with Licensor, Licensee agrees to assume and pay all costs relating to the replacement or repair of the Improvements unless the damage is due to the intentional misconduct or gross negligence of Licensor, its officers, employees, agents or independent contractors. 4. RESTORATION OF PROPERTY. If the construction or maintenance of the Improvements identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right -of -way or neighboring property, Licensee shall restore the surface of the area to the same condition as it existed immediately prior to Licensee's work in the area. 5. EFFECTIVE DATE. This 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 or until such time as it is terminated as provided hereafter. 6. TERMINATION. This Agreement shall terminate upon one or more of the following occurrences: (a) Licensee's violation of any provision of this Agreement; provided that such violation is not cured within thirty (30) days after written notice to Licensee of such violation. (b) The Improvements located in the Easement Area materially impair the operation of Licensor's utilities; provided that, Licensee does not relocate the Improvements within the Easement Area as designated by Licensor within thirty (30) days after Licensor delivers a written notification of such impairment. (c) The Utility Easement is terminated or otherwise vacated. -2- I