Res 1999-177 - Laserfiche WebLink

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4. The Licensee agrees to indemnify, hold harmless and defend the Licensor, its officers and employees from and against any claims or liability which may be incurred by reason of any act or omission of the Licensee, its officers, agents or employees in connection with the Licensee~s use of the License Area. 5. The Licensor reserves the right at all times, for itself and all public utilities franchised by the Licensor, to supervise the use of the License Area for right-of-way and public utility purposes. In the event ofa conflict between the Licensee's use of the License Area and any use of the License Area by the Licensor or another public utility, the Licensor will have the authority to direct the removal and relocation of the Facilities at the Licensee's expense. 6. The Licensee shall install and maintain signs and markings indicating the presence and route of the Facilities, and will respond to requests to identify the specific location of the Facilities within 24 hours. The Licensee will restore the surface ofthe License Area to a level, compacted condition and will repair any damage to paving, sidewalks or other improvements located within the License Area upon completion of any construction activities. 7. The Licensor may terminate and revoke this 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, or if such cure cannot be completed within 10 days, the Licensee must initiate such cure immediately upon receipt of the notice and prosecute such cure continuously until completed. The Licensor may, due to the Licensor's reasonable need or desire, terminate this agreement by giving the Licensee six months' written notice of termination. 8. The Licensor makes no representations or warranty to the Licensee regarding the condition ofthe License Area or its suitability for the Licensee's purposes. The Licensee has fully inspected the License Area, and accepts the License Area in its present condition. 9. 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. The Licensee may assign this Agreement with the written approval of the Licensor. 10. 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. Licensor: City of San Marcos Licensee: Worldcom Network Services, Inc. ~,J~ Larry D. ille ity Manaa By: Signature Printed name, title