Res 2005-068 - Laserfiche WebLink

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the Licensee's use of the License Area. 4. Use Rights Reserved. The Licensor reserves the right at all times, for itself and all public utilities authorized to use the public rights-of-way, to use the License Area for right-of-way and public utility purposes, including those that involve excavation, trenching, pole and wire placement, or other activities that may affect the Licensee's use of the License Area. 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 Licensee will be responsible for temporarily removing the compactor if removal is deemed necessary by the Licensor. The Licensee may terminate this agreement on the basis of any such construction activities. 5. Termination. 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, at the Licensor's sole discretion, 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. B. The Licensor may terminate this agreement for any other reason by giving Licensee 90 days written notice of termination. C. Upon any termination of this Agreement, the Licensee agrees to remove the compactor within 30 days of the termination. 6. Miscellaneous. A. This license constitutes the entire agreement between Licensor and Licensee on this subject, and it may be amended only by written instrument executed by both parties. B. This agreement is governed by the laws of the State of Texas. Exclusive venue for any legal dispute under this agreement is in the state court in Hays County, Texas having jurisdiction over the dispute. The Licensor's execution of and performance under this agreement will not act as a waiver of any immunity of the Licensor to suit or liability under applicable law. The parties acknowledge that the Licensor, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 7. Notices. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager, City of San Marcos 630 E. Hopkins San Marcos, TX 78666 To The Downtown Association: President 136 East San Antonio San Marcos, TX 78666 If a party changes its address for notice purposes, it will provide written notice of the new address to the other party within 10 days of the change. 2