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removal is necessary for exercising Licensor's rights or duties in regard to said Right -of -Way, or <br />for protecting persons or property, or public interest in regard to said Right -of -Way. <br />8. Binding on successors -in- interest. This License, until its expiration or revocation, <br />shall run with the title to the above - described real property, and the terms and conditions <br />hereof shall be binding upon subsequent owners or holders thereof. Licensee shall cause any <br />immediate successors -in- interest to have factual notice of this License Agreement. <br />9. Expiration of License. This License shall expire automatically upon removal of the <br />Improvements located upon the property pursuant to this License, and shall expire as to any <br />portion of said Improvements upon the removal, whether or not all of the Improvements are <br />removed. <br />10. Revocation or Termination of License. Licensor may revoke or terminate this <br />License upon the occurrence of any of the following conditions or events: <br />a) Licensee or its successors or assigns have failed to comply with the terms of this <br />License; or <br />b) The Improvements located thereon or any portion of them unreasonably and <br />materially interfere with the rights of the Licensor or the public in or to Licensor's <br />property; or <br />c) The use of the licensed area becomes necessary for a public purpose; or <br />d) Said Improvements or a portion of them constitute a danger to the public which is <br />not remediable by maintenance or alteration of the said Improvements; or <br />e) Said Improvements or a portion of them have expanded beyond the scope of the <br />approved encroachment; or <br />f) Maintenance or alteration necessary to alleviate danger to the public has not been <br />made within a reasonable time after the dangerous condition has arisen. <br />11. Integration; Amendments; No Warranty of Title. This License constitutes the entire <br />agreement between Licensor and Licensee on this subject, and it may be amended only by <br />written instrument executed by both parties. THE LICENSOR MAKES NO WARRANTY OF TITLE <br />IN CONNECTION WITH THIS AGREEMENT. THE LICENSEE ACKNOWLEDGES AND <br />UNDERSTANDS THAT THIS LICENSE DOES NOT CONSTITUTE A FEE OR EASEMENT INTEREST IN <br />REAL PROPERTY, AND THE LICENSEE FULLY ACCEPTS THE RISKS ASSOCIATED WITH MAKING <br />ANY IMPROVEMENTS TO THE PROPERTY WHILE HAVING ONLY A REVOCABLE RIGHT TO USE <br />THE PROPERTY. This is binding on the parties and their successors and assigns, and it shall run <br />with the title to the Property. <br />12. Venue. Exclusive venue for any legal dispute under this agreement is in the state <br />court in Hays County, Texas having jurisdiction over the dispute. <br />-3- <br />eelc: \documents and settings\mxd913094 \1oca1 settings \temporary internet files \content .outlook \tt7dfzdm \license <br />agreement v4_final.doc <br />311412011 <br />