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<br /> , <br /> .... 93A <br /> 3. LICENSEE agrees to indemnify, hold harmless and defend LICENSOR, its <br /> officers and employees from and against any claims or liability which may be incurred by <br /> reason of any act or omission of LICENSEE, its officers, agents or employees in <br /> connection with LICENSEE's construction, maintenance or use of the driveway on the <br /> PROPERTY. <br /> 4. 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 <br /> purposes, including those that may involve excavation, trenching, or other construction <br /> activities that affect LICENSEE's driveway. LICENSOR and the franchised utilities will <br /> endeavor to notify LICENSEE in advance of construction activities, however no <br /> commitment to do so is made. The surface of the PROPERTY will be restored to a level <br /> condition upon completion of construction activities, but LICENSEE will be responsible for <br /> replacing any paving of the driveway. LICENSEE may terminate this License Agreement <br /> under paragraph 5 on the basis of any such construction activities. <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 Furman Street within the Property. <br /> The construction of a public street within the Property will operate as an automatic <br /> termination of this License Agreement, effective upon the LlCENSOR:s acceptance of the <br /> street; in the event of such a termination, the LICENSEE will have the same right of access <br /> across the street as the public. The abandonment of Furman Street within the Property will <br /> operate as an automatic termination of this License Agreement, effective upon final <br /> adoption of the abandonment. LICENSEE may terminate this agreement by giving the <br /> LICENSOR 60 days written notice. <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 <br /> both parties. <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 /> 8. This LICENSE shall run with the title to the LICENSEE's property described <br /> in Recital A above and is binding upon LICENSEE's successors in title as to the property. <br /> LICENSOR: <br /> City of San Marcos <br /> !9{, ... . - / // /JÆ, <br /> Larry-'Ò. Gi!íèy \:) <br /> City Manager <br />