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4. LICENSOR reserves the right at all times, for itself and all public utilities • <br />franchised by the Licensor to use the subject right-of-way for public utility purposes, including <br />the placement of underground utilities that may involve excavation, trenching, or other <br />construction activities that affect the Licensee's driveway. Licensor and the franchised utilities <br />will endeavor to notify Licensee in advance of construction activities, however no commitment <br />to do so is made. The surface of the driveway will be restored to an equivalent condition upon <br />completion of the construction activities. Licensee may terminate this License Agreement under <br />Paragraph 5 on the basis of any such construction activities. <br />5. LICENSOR may terminate and revoke this License Agreement if Licensee <br />violates this agreement and fails to cure the violation within thirty (30) days after Licensor give <br />Licensee written notice of the violation. Otherwise, Licensor agrees to terminate this agreement <br />only if Licensor is opening or abandoning Benefit Street with the subject property. The <br />construction of a public street within the subject property will operate as an automatic <br />termination of this License Agreement, effective upon the Licensor's acceptance of the street; in <br />the event of such a termination, the Licensee will have the same right of access across the street <br />as the public. The abandonment of Benefit Street within the subject property will operate as an <br />automatic termination of this License Agreement, effective upon the final adoption of the <br />abandonment. <br />6. This License Agreement constitutes the entire agreement between Licensor and <br />Licensee on this subject, and may be amended only by written instrument executed by both • <br />parties. <br />7. Exclusive venue for any legal dispute under this agreement is in the state court in <br />Hays, County Texas, having jurisdiction over the dispute. <br />8. This License Agreement shall run with the title to the Licensee's property <br />described in Recital A above and is binding upon Licensee's successors in title as to the property <br />so described. <br />LICENSOR <br />City of Marcos <br />Rick enc ac , City Manager <br />STATE OF TEXAS § <br />COUNTY OF HAYS § <br />•