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facilities within or upon the Property at all times. <br />4. The Licensee agrees to comply with all applicable federal, state and local laws, <br />construction and safety codes, and other regulations in conducting the Authorized Activities and <br />in the construction and maintenance of the Improvements on the Property. <br />5. The Licensee agrees to comply with all City of San Marcos standards and <br />regulations related to the construction and maintenance of the Improvements conducted by the <br />Licensee on the Property, as they now exist or may be amended from time to time. The Licensee <br />will maintain all Improvements with due regard for the public safety and convenience, and will <br />promptly remove any hazards associated with the Improvements created by storms, accidents, <br />vandalism or other causes, when actually known to Licensee. <br />6. To the extent permitted by applicable law and without waiving any immunity <br />or limitations on liability granted by applicable law, each party hereto the "Indemnifying <br />Party" agrees to indemnify, defend and hold harmless the other party the "Indemnified <br />Party" against and from any and all losses, expenses, damages, claims, demands, <br />judgments and liabilities, including reasonable attorneys' fees and costs of litigation, <br />incurred by the Indemnified Party as a result of the activities of the Indemnifying Party on <br />the Property. <br />7. The Licensor reserves the right at all times, for itself and all public utilities <br />franchised by the Licensor, to use the Property for right-of-way, public utility and other <br />municipal purposes, including those that may involve excavation, trenching or other activities. <br />However, Licensor agrees, except in cases of emergency affecting public health or safety, to <br />notify the Licensee in advance of any activities that may prevent Licensee from conducting its <br />Authorized Activities under this Agreement. The Licensee will temporarily remove the <br />Improvements from the Property upon written request of the Licensor or a public utility. <br />8. Upon termination this Agreement, Licensee shall remove the Improvements and <br />restore the surface of the Property to a condition as close as reasonably possible to the condition <br />existing before the date of this Agreement. <br />9. The Licensor may terminate and revoke this License Agreement if the Licensee <br />violates this Agreement and fails to cure the violation within 30 days after the Licensor gives <br />Licensee written notice of the violation (or such period greater than 30 days if Licensee <br />reasonably demonstrates to Licensor that such cure cannot be completed with 30 days and <br />Licensee diligently pursues that cure to its completion). Failure of the Licensee to provide notice <br />under paragraph 2 shall not be grounds for termination by Licensor under this paragraph <br />provided Licensor makes reasonable efforts to regularly comply with such notice requirement. <br />Licensor or Licensee may terminate this Agreement for any other reason by giving the other six <br />months' prior written notice of termination. <br />10. Licensor may define or limit any access routes or the boundaries of the Property <br />provided reasonable alternate access to the Well is provided to Licensee. <br />2