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and License Area in the manner provided herein such that the Improvements are in violation of <br /> applicable City of San Marcos ordinances (e.g., unsafe structure presenting danger to passersby), <br /> Licensor, after written notice to Licensee outlining such violations, and at least thirty days <br /> thereafter to address such issues, may undertake such maintenance activities and bill Licensee for <br /> the actual costs of such activities. If Licensee fails to pay such costs within 30 days after receipt <br /> of a detailed invoice from Licensor, Licensor may file a lien against the Property in the amount <br /> of the invoice,plus interest accruing at the rate of 10 percent per annum until paid. <br /> 7. Extra Costs. In the event that any installation, reinstallation, relocation or repair of <br /> any existing or future public drainage improvements within the Easement is made more costly by <br /> virtue of the construction, maintenance or existence of the Improvements, Licensee shall, within <br /> 30 days of receipt of written communication from the City outlining such additional costs, <br /> including a proposed invoice from the City, either, at its election (i) pay to Licensor an amount <br /> equal to such additional costs asdetermined by Licensor and evidenced by such intial "invoice"or <br /> (ii) remove the Improvements and terminate this License Agreement. If Licensee elects to not <br /> remove the Improvements and fails to timely pay such invoice, Licensor may proceed with any <br /> proposed work and file a lien against the Property in the amount of the invoice, plus interest <br /> accruing at the rate of 10 percent per annum until paid. <br /> 8. Insurance. This License Agreement shall not be effective unless and until Licensee <br /> files with Licensor a certificate of liability insurance or other proof of insurance in a form <br /> reasonably acceptable to Licensor's risk manager confirming that Licensee has procured a policy <br /> of commercial general liability insurance issued by an insurance company authorized to do <br /> business in the state of Texas. The policy shall provide in substance that the insurer will defend <br /> against all claims and lawsuits which arise in relation to the activities under and terms of this <br /> License Agreement and will pay any final judgment of a court of competent jurisdiction against <br /> the city, its officers,agents or employees in accordance with the terms herein. The insurance shall <br /> provide coverage in an amount of not less than $1,000,000.00 for each single occurrence. The <br /> policy of insurance shall name both Licensee and Licensor as insured parties to the full amount of <br /> the policy limits. If the policy is not kept in full force and effect throughout the term of this License <br /> Agreement,the License Agreement may be terminated by Licensor upon providing written notice <br /> of termination to Licensee if Licensee fails to recity such issue within ten days of receipt of written <br /> notice from Licensor of such failure to carry the required insurance. <br /> 9. Compliance with Laws and Regulations. Licensee agrees to comply with all <br /> applicable laws and ordinances in the construction, repair and maintenance of the Improvements. <br /> 10. Removal of Improvements. If Licensor, in its sole discretion, determines that <br /> temporary or permanent removal of all or portions of the Improvements is necessary for exercising <br /> Licensor's rights or duties in regard to the Easement,or for protecting persons or property, Licensor <br /> will provide written notice thereof to Licensee and, within thirty days after receipt by Licensee of <br /> such written notice, Licensee shall remove the Improvements or such portions thereof. If Licensee <br /> fails to undertake such removal within the time specified herein, Licensor retains the right to enter <br /> upon the License Area and, at Licensee's expense, undertake such removal. As to the portions of <br /> the Improvements removed, other than a temporary removal requested and approved by Licensor, <br /> this License Agreement shall automatically expire and the License Area be reduced accordingly. <br /> 3 <br />