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<br />performance of their official duties while on the Property. Such adjudication will be made pursuant <br />to the Federal Tort Claims Act, the Federal Employees Compensation Act, 5 US.c. ~8101, ~., <br />or such other legal authority as may be pertinent. <br /> <br />5. The Licensor reserves the right at all times, for itself and all public utilities franchised by <br />the Licensor, to use the Property for right-of-way and public utility purposes, including those that <br />may involve excavation, trenching or other activities that affect the Licensee's stormwater station. <br />The Licensor and the franchised utilities will endeavor to notify the Licensee in advance of the <br />construction activities but they make no commitment to do so. The Licensee will temporarily remove <br />its improvements within the Property upon request of the Licensor or a public utility. The surface <br />of the Property will be restored upon completion of the construction activities but the Licensee will <br />be responsible for replacing its improvements on the Property. The Licensee may terminate this <br />agreement on the basis of any such construction activities. <br /> <br />6. The Licensor may terminate and revoke this License Agreement if the Licensee violates <br />this agreement and fails to cure the violation within 30 days after the Licensor gives Licensee written <br />notice of the violation. Licensor may terminate this agreement for any other reason by giving <br />Licensee six months written notice of termination. Subject to the Licensor's termination rights, the <br />term of this agreement is ten years, subject to renewal with the mutual consent of the parties. <br /> <br />7. The City makes no warranty of title in connection with the grant of this License. <br /> <br />8. This License constitutes the entire agreement between Licensor and Licensee on this <br />subject, and it may be amended only by written instrument executed by both parties. <br /> <br />9. Exclusive venue for any legal dispute under this agreement is in the state court in Hays <br />County, Texas having jurisdiction over the dispute. <br /> <br />Licensor: <br />City of San Marcos <br /> <br />~ 4/J1~ <br />Larry;. y <br />City Manager <br /> <br />Licensee: <br />United States Department of the Interior <br /> <br />d~.udiu~ <br />19nature . . h . L /LC/: <br />S L{ Sa n ~+ C\ vJ 0. Vr CcJ'11 r( 4(--h' Vl '1 U 111 ULJ/ <br />Printed name, title 3 D3-).3"- 5"'-"100 )<30g' <br />~ /1D :1000 <br />Date <br />