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172 LICENSE AGREEMENT FOR ATTACHMENT OF LINES TO UTILITY POLES This Agreement is made this 28th day of April J 1998 between Tangram Rehabilitation Network (the "Licensee"), and the City of San Marcos, (the "Licensor"). WITNESSETH 1. The Licensor grants pennission to the Licensee to use certain Licensor-owned utility poles in the City of San Marcos, Hays County, Texas, as depicted on the map attached to this Agreement. The purpose of such use is for the attachment of telephone/communication lines and other necessary appurtenances for Licensee's own internal communications needs, and not for communications purposes of any third party. This permission is granted at the request of the Licensee, for the above described location only. The Licensor makes no representations or warranties whatsoever as to the condition, adaptability, or safety of its poles and facilities for use by Licensee. The Licensee accepts such poles and facilities as they are or may be during the tenn of this Agreement and agrees that its facilities and appurtenances shall be installed, attached, maintained, and removed at the sole risk and expense of the Licensee. 2. In the event that the Licensor is required to make changes or additions to any Licensor facility to accommodate Licensee's attachment, the licensor will advise the Licensee of any additional tenns and conditions upon which permission will be granted for making the attachments. The cost of any such modifications shall be borne solely by Licensee. 3. If the Licensee desires to remove or abandon any attachment or attachments, Licensee will provide~tten notice of such removal or abandonment to the Licensor. No refund of any rental fee shall be due because of such removal. 4. The use of the Licensor's facUities by the Licensee shall comply with all current rules and standard specifications, with all municipal, state and federal laws and regul.ations, and with the National Electrical Code, as these may be amended, and shall be constructed and maintained by the Licensee in such a manner as will not interfere with any present or future operation of the Licensor or of other parties contracting to use Licensor's poles and facilities. 5. The Licensee shall not make any changes in the type of use or locations of its attachments without the written consent of the Licensor. Upon written notice from the Licensor at any time, the Licensee, at its expense and risk, shall change, alter, improve or relocate any of its facilities in such a manner as the Licensor may direct to avoid interference with the Licensor's present use of, or later modifications to, the Licensor facilities. In the event the Licensee fails or refuses to do such work within a reasonable time (not to exceed ten days after such written notice), the Licensor, acting for the Licensee, may do such work, and the Licensee shall reimburse the Licensor for the actual cost of labor and materials used in the work plus 20% to cover use of equipment and administrative expense. 6. The Licensee, at its expense, shall construct and maintain its attachments and facilities in safe condition and in good repair, and shall avoid or eliminate interference with radio, telephone, telegraph, or television reception or regularly used communication or signaling system and shall take all necessary precautions including the installation of protective equipment to protect all persons and property against injury or damage from the licensee's attachments to the licensor's poles and facilities. If, in the opinion of the Licensor, the Licensee is not complying with this provision, or with any other provision of this Agreement, the Licensor shall have the right by written notice to the