Res 2004-173 - Laserfiche WebLink

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! I I I 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 public utilIty purposes, to perform 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 will notify the Licensee in advance of any construction or maintenance activities of the Licensee on the Property, except in emergencies. 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 affected portions of the Improvements. The Licensee will perform the replacement only in a manner and to the extent that the replacement is compatible with the use of the Property for public utility purposes. To the extent permitted by Texas law, 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 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. 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. B. The Licensor may terminate this agreement for any other reason by giving LIcensee 180 days written notice of termination. C. The Licensee may terminate this agreement for any reason by giving LIcensee written notice 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. ThIS license is binding on the parties and theIr successors and aSSIgns. 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. Licensor: City of San Marcos By:____~~ 0 b-~------ Dan 0 Leary, City/yanager Licensee: Texas State UniversIty ~~__&~______ttJt1 Signature WIWAM A NANCE P~i'~;:t~d;~me~trtl~- VlCEPRESlDENfF6fn~'NANCE & SUPPORT SERVICES ?