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<br />6. Termination. The Licensormay tenninate and revoke this agreement if the Licensee <br />violates this agreement and fails to cure the violation within 10 days after the Licensor gives <br />Licensee written notice of the violation. Either the Licensor or Licensee may tenninate this <br />agreement for any other reason by giving the other party 180 days written notice. <br /> <br />7.. Indemnity. Licensee will indemnify, hold harmless and. defend the Licensor and its <br />officers and employees from and against any claims or liability resulting ITom any actor omission of <br />Licensee, its officers, agents or employees in connection with the construction or maintenance of the <br />First Driveway or the Second Driveway. Licensee also will hold harmless the Licensor, its officers, <br />agents and employees ITom any claims for damage to the property of Licensee resulting from any act ' <br />or omissionofthe Licensor, its officers, agents, or employees, in connection with this agreement. <br /> <br />8. Miscellaneous.' <br /> <br />A. This License constitutes the entire agreement betWeen the Licensor and Licensee on this <br />subj ect, and it may be amended only by written instrument executed by both parties. The term "will" <br />is mandatory in this agreement. <br /> <br />B. This agreement will be governed by the laws of the State of Texas. Exclusive venue for <br />any legal dispute arising under this agreement will he in Hays County, Texas. The Licensor's <br />execution of and perfonnance under this agreement will not act as a waiver of any immunity of the <br />Licensor to suit or liability under applicable law. The parties aclmowledge that the Licensor, in <br />executing and perfonning this Agreement, is a governmental entity acting in a governmental <br />capacity. <br /> <br />This agreementis executed in duplicate originals on <br /> <br />September 9 <br /> <br />,2003. <br /> <br />LICENSOR: <br />City of San Marcos, Texas <br /> <br />By: <br /> <br />~-~ <br />Dan O'L=y,CiUanager <br /> <br />LICENSEE: <br />VoiceStream PCS II Corporation <br />d/b/a T .Mobile USA, Inc..,/ <br />,~Y,"r"'),,:P' <br />/// '," /:/ <br />/é/ //"# <br />7,/' /,/,." <br />// //. <br />Cddy Sanford! <br />Director of Operations & Engineering <br /> <br /> <br />By: <br /> <br />AU-1463J <br />Access Agreement <br />