|
<br />repairs, or to relocate said Culverts, then Licensor may cause such
<br />condition to be made safe or change of location to be made, or repairs
<br />to be made. Licensor, acting as the agent of Licensee, may perform
<br />such ,.,lark as is necessary in judgment or Licensor, and Licensee shall
<br />on demand, promptly reimburse Licensor the whole cost thereof, plus
<br />ten percent (1O!~) thereon as a charge for supervision, accounting, and
<br />use of tools.
<br />:2. Early Termination: This License is based upon the continued use of this
<br />channel as a drainage structure during the entire 20-year lease term. If abandoned
<br />for this use or converted to other use than that for which originally installed
<br />prlor to said expiration date, then this License shall lapse and become void upon
<br />thirty (30) days written notice to Licensee by Licensor. Licensee shall be respons-
<br />lble for all modifications andÎor removal of the pipe structures installed under
<br />this License. No early termination or expiration shall affect the rights and
<br />liabilities, if any, of the parties hereto then existing.
<br />3. Niscellaneous:
<br /> (a) This License is personal to Licensee and shall not inure to
<br />the benefit of any receiver, trustee, or other officer, or of any assignee
<br />Ior the benefit of creditors, as an asset of Licensee, but shall cease and
<br />terminate upon the appointment of any such receiver, trustee, or other
<br />officer, of the making of any such assignment.
<br /> (b) This License and all of the provisions herein contained shall
<br />be binding upon the parties hereto, their heirs, executors, administrators
<br />successors and assigns, and Licensee agrees to supply notice in writing to
<br />Licensor of any name changes. Licensee agrees not to assign this License
<br />or any interest therein ,dthout the consent of Licensor in writing, and
<br />any and every such attempted assignment without such prior written consent
<br />shall be void and of no effect. In the event of any assignment, Licensee
<br />shall at all times remain fully responsible and liable for the payment of
<br />the rental, II any, and for the compliance of all of its other obligations
<br />under the terms, provisions, and covenants of this License.
<br /> (c) The pronouns used herein as referring to Licensee shall be under-
<br />stood so to refer to Licensee whether Licensee be a natural person, a part-
<br />nership, a corporation, a city or municipality, or any combination thereof.
<br /> (d) notice herein required to be given by Licensor to Licensee
<br />shall be deemed properly given if served upon or delivered to Licensee
<br />or his authorized agent, or if posted on or if mailed, postpaid, addressed
<br />co Licensee at his last known place of business.
<br /> (e) No oral promises, oral agreements, or oral warranties shall
<br />be deemed a pan: of ~h' T' nor shall any alteration, amendment,
<br /> LLlS ~lcense,
<br />supplement, or "aiver of any ot the provisions of this License be bind-
<br /> upon either par hereto unless the same be supplemented, altered,
<br />changed, or amended an instrument in ,Hiting, signed by Licensor and
<br />Licensee.
<br /> (f) This License does not become binding upon Licensor until
<br />executed Licensor's Vice President.
<br /> - "- -
<br />
|