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�• <br />'tI � _ '1'; <br />removed or is damaged by the Licensor, its employees, agents or independent contractors working for <br />the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to <br />assume and pay all costs relating to the replacement or repair of the improvement. Licensee <br />indemnifies and holds the City harmless from and against all claims arising out of the use or <br />occupancy allowed under this agreement. <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 hard <br />surFacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of- <br />way or neighboring property, the Licensee shall restoce the surface of the area to the same condition <br />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 indefinite <br />term or until such time as it is terminated as provided hereafter. <br />6. TERMINATION. This License Agreement shall terminate upon one or more of the <br />following occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of <br />any improvements infringing upon the City's property, right-of-way, or 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 3 <br />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 any <br />nature upon the easement owned by the Licensor except that described in 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 hereby <br />agrees, to remove said improvement from the Licensor's easement at its own expense and without <br />cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of <br />intention to terminate or any of the occurrences set forth in Paragraph 6 above. Should the Licensee <br />fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensor's <br />easement and the Licensee agrees to reimburse the Licensor for all its costs. <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties <br />hereto, their successors and assigns. <br />8. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement <br />between the parties notwithstanding any other oral or written agreements to the contrary. This <br />License Agreement shall be amended only in writing executed by all parties hereto. <br />9. CHOICE OF LAWS. This License Agreement shall be construed in accordance with <br />the laws of the State of Nebraska and the City of Grand Island, Nebraska. <br />10. CONTENT OF LANGUAGE. Wherever the context of the language in this License <br />Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the <br />singular. <br />2 <br />