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20o9o~og7 <br />their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs <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 />The Licensee is aware that the public sanitary sewer mains and public storm <br />drainage pipes are in the same easement at the Barbara Avenue and Ando Avenue <br />intersection. It is also understood that should the City have repairs to make to either the <br />public sanitary sewer or public storm drainage, the City is not responsible for any damage to <br />the private discharge pipe. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 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 />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 />6. TERMINATION. This License Agreement shall terminate upon one or more <br />of the following occurrences: <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 />(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 />(c) The Licensee's construction or installation of any structure or improvement of <br />any nature upon the easement awned by the Licensor except that described in <br />Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <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 (6Q) 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 Licenser's easement and the Licensee agrees to reimburse the <br />Licensor for all its costs. <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />2 <br />