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201008765 <br />City harmless fram and against all claims arising out af the use or occupancy allowed under <br />this agreement. <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for <br />locating and coordinating original construction and future maintenance work on the described <br />improvement. No excavation work will be permitted in the area of underground utility <br />facilities until all such facilities have been located and identified to the satisfaction of all <br />parties. The excavation must be done with care in order to avoid any possibility of damage to <br />the utility facility. The Licensee shall be responsible for any and all damages. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance af the <br />improvement identified in Paxagraph 1 above requires the excavation of earth, removal of <br />hard surfacing, grass, vegetatian, 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 />6. EFFECTIVE DATE. This License Agreernent 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 far an <br />indefinite term or until such time as it is terminated as provided hereaftex. <br />7. TERMINATION. This License Agreement shall terminate upon one or mare <br />of the following occurrences: <br />(a) The service of written notice of intentian to terminate by licensee and the <br />removal of any improvements infringing upon the City's property ar right-of-way. <br />(b) The Licensee's application for a pertnit to alter said irnprovement or any part <br />tk�ereof, unless said permit is for work due ta an occurrence as described in Paragraph <br />3 above and said work has the prior written approval of the Licensox. <br />(c) The Licensee's construction or installation of any structure or improvement of <br />any nature upon the real estate owned by the Licensor except that described in <br />Paragraph ] above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this [.,icense Agreement, the Licensee shall be required, and <br />hereby agrees, to remave said irnprovement frarn the Licensor's real estate at its own expense <br />and withaut cast to the Licensor. Said removal to occur no later than sixty (60) days after <br />r�ceipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph <br />7 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal of <br />said improvement from the Licensor's real estate and the Licensee agrees to reirnburse the <br />Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />2 <br />