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<br />4. LICENSOR reserves the right at all times, for itself and all public utilities franchised <br />by the LICENSOR, to use the PROPERTY for right-of-way and public utility purposes, including <br />those that may involve excavation, trenching, or other construction activities that affect <br />LICENSEE's driveway. LICENSOR and the franchised utilities will endeavor to notify LICENSEE <br />in advance of construction activities, however no commitment to do so is made. The surface of <br />the PROPERTY will be restored to a level condition upon completion of construction activities, but <br />LICENSEE will be responsible for replacing any paving of the driveway. LICENSEE may terminate <br />this License Agreement under paragraph 5 on the basis of any such construction activities. <br /> <br />5. LICENSOR may terminate and revoke this License Agreement if LICENSEE <br />violates this agreement and fails to cure the violation within 30 days after LICENSOR gives <br />LICENSEE written notice of the violation. Otherwise, LICENSOR .agrees to terminate this <br />agreement only if LICENSOR is opening or abandoning Benefit Street within the Property. The <br />construction of a public street within the Property will operate as an automatic termination of this <br />License Agreement, effective upon the LICENSOR's acceptance of the street; in the event of <br />such a termination, the LICENSEE will have the same right of access across the street as the <br />public. The abandonment of Benefit Street within the Property will operate as an automatic <br />termination of this License Agreement, effective upon final adoption of the abandonment. <br /> <br />6. This LICENSE constitutes the entire agreement between LICENSOR and <br />LICENSEE on this subject, and may be amended only by written instrument executed by both <br />parties. <br /> <br />7. Exclusive venue for any legal dispute under this agreement is in the state court in <br />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 LICENSEE's successors in title as to the property. <br /> <br />:fi;z <br />Ci .. M s <br /> <br /> <br />Larry . Gille~ <br />City Manager <br /> <br />~)E...~..... .. <br />~)~) <br />ReQ cca Urrutia <br /> <br />~66~ <br />