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14002841 OP8k ol R 4854 405 Licensor, its officers and employees from and against any claims or liability which may be incurred by reason of any act or omission of the Licensee, its agents or contractors in connection with the Licensee's use of the Property. 5. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves the right at all times, for itself and all public utilities authorized to use the Property for right -of -way and public utility purposes, to perform street and utility construction and maintenance activities on the Property, including those that involve excavation, trenching, pole and wire placement, or other activities that may affect the Improvements. The Licensor and the authorized utilities will endeavor to notify the Licensee in advance of any construction or maintenance activities, but they make no commitment to do so. The surface of the Property will be restored to a level condition upon completion of the construction or maintenance activities, but the Licensee will be responsible for replacing any paving materials, buildings or other affected portions of the Improvements. The Licensee will perform the replacement only in a manner and to the extent that the replacement does not interfere with or impede the use of the Property for right -of -way and public utility purposes. The Licensee agrees to hold harmless the Licensor and all public utilities authorized to use the Property, and their officers, agents and employees, for any damages to the Improvements that are caused in any way in connection with the use of the Property for right -of -way and public utility purposes by the Licensor or any such utility or their officers, agents or employees. The Licensee may terminate this agreement on the basis of any such construction or maintenance activities, and if the Licensee does so, the Licensee is solely responsible for providing an alternative means of access to the Adjoining Property. 6. Termination by Licensor. A. The Licensor may terminate and revoke this License Agreement if the Licensee violates this agreement and fails to cure the violation within 10 days after the Licensor gives the Licensee written notice of the violation. Alternatively, the Licensor may take action to cure any violation of this agreement by the Licensee, and collect the costs of curing the violation from the Licensee. If any invoice for such costs is not fully paid within thirty days of its issuance by the Licensor, the Licensee expressly grants the Licensor the right to record a lien against the Adjoining Property for the unpaid amount of the invoice. B. The Licensor may terminate this agreement for any other reason by giving Licensee six months' written notice of termination. The construction of a roadway on any portion of the Property by or on behalf of the Licensor will operate as an automatic termination of this agreement, effective upon the date the Licensor delivers notice to the Licensee of the Licensor's intention to construct the roadway; in the event of such a termination, however, the Licensee will have the same right of access across the street as the public. Upon any termination of this agreement, the Licensee may leave paving improvements in place, but the Licensee will be responsible for removing the carport /shop structure and all other above - ground improvements from the Property within 30 days of the date of termination. 7. Integration; Amendments; No Warranty of Title. This agreement constitutes the entire agreement between Licensor and Licensee on this subject, and it may be amended only by written instrument executed by both parties. THE LICENSOR MAKES NO WARRANTY OF TITLE IN CONNECTION WITH THIS AGREEMENT. THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THIS LICENSE DOES NOT CONSTITUTE AN INTEREST IN REAL PROPERTY, AND THE LICENSEE FULLY ACCEPTS THE RISKS ASSOCIATED WITH MAKING ANY IMPROVEMENTS TO THE PROPERTY WHILE HAVING ONLY A REVOCABLE RIGHT TO USE THE PROPERTY. This license is binding on the parties and their successors and assigns, and it shall run with the title to the Adjoining Property. 8. Venue. Exclusive venue for any legal dispute under this agreement is in the state court in Hays County, Texas having jurisdiction over the dispute. 0)