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<br />connection with the Licensee's construction, maintenance or use of the driveway on the <br />Property. <br /> <br />4. The Licensor reserves the right at all times, for itself and all public utilities <br />franchised by the Licensor, to use the Property for right-of-way and public utility purposes, <br />including those that may involve excavation, trenching, or other construction activities that <br />affect the Licensee's driveway. The Licensor and the franchised utilities will endeavor to <br />notify the Licensee in advance of the construction activities, but they make no commitment <br />to do so. The surface of the Property will be restored to a level condition upon completion <br />of the construction activities, but the Licensee will be responsible for replacing any paving <br />of the driveway. The Licensee may terminate this License Agreement under paragraph <br />5 on the basis of any such construction activities. <br /> <br />5. The Licensor may terminate and revoke this Agreement if the Licensee <br />violates this agreement and fails to cure such violation within 30 days after the Licensor <br />gives the Licensee written notice of the violation. The Licensor may terminate this <br />agreement as to all or any portion of the Property for any other reason by giving the <br />Licensee sixty days written notice of termination. The construction of a public street upon <br />all or any portion of the Property shall operate as an automatic termination of the License <br />Agreement for the area of the street, effective upon the City's acceptance of the street; in <br />the event of such a termination, however, the Licensee will have the same right of access <br />across the street as the public. <br /> <br />6. This License constitutes the entire agreement between the Licensor and the <br />Licensee on this subject, and it may be amended only by written instrument executed by <br />both parties. <br /> <br />7. 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 /> <br />8. This License shall run with the title to the Licensee's property described in <br />Recital A above and is binding upon the Licensee's successors in title as to that property. <br /> <br />LICENSOR: <br />City of San Marcos <br /> <br />~.d.n4: ;t; <br />Larry . Gil ,City Mana r <br /> <br />~~EN~ <br /> <br />C:~ BtA+J~S~I', rJ()M.-I c.AAtQ.~o,J <br />Printed Name, Title <br />