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<br />- - (7711- <br />5. 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 those <br />that may involve excavation, trenching, or other construction activities that affect LICENSEE's <br />driveway. LICENSOR and the franchised utilities will endeavor to notify LICENSEE in advance of <br />construction activities, however no commitment to do so is made. The surface of the PROPERTY <br />will be restored to a level condition upon completion of construction activities, but LICENSEE will be <br />responsible for replacing any paving of the driveway. LICENSEE may terminate this License <br />Agreement under paragraph 6 on the basis of any such construction activities. ' <br />6. LICENSOR may terminate and revoke this License Agreement if LICENSEE violates <br />this agreement and fails to cure the violation within 30 days after LICENSOR gives LICENSEE <br />written notice of the violation. Otherwise, LICENSOR agrees to terminate this agreement only if <br />LICENSOR is opening or abandoning Travis Street within the PROPERTY. The construction of a <br />public street within the Property will operate as an automatic termination of this License Agreement, <br />effective upon the LICENSOR's acceptance of the street; in the event of such a termination, the <br />LICENSEE will have the same right of access across the street as the public. The abandonment of <br />Travis Street within the Property will operate as an automatic termination of this License Agreement, <br />effective upon final adoption of the abandonment. LICENSEE may terminate this agreement by <br />giving the LICENSOR 60 days written notice. <br />7. This LICENSE constitutes the entire agreement between LICENSOR and LICENSEE <br />on this subject, and may be amended only by written instrument executed by both parties. <br />8. 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 />9. This LICENSE shall run with the title to the LICENSEE's property described in Recital <br />A above and is binding upon LICENSEE's successors in title as to the property. <br /> LICENSOR: <br /> City of San Marcos <br /> (l..A.'~/ /1 /J¿þ. <br /> Larry. GiQèy . \) <br /> City Manager <br /> LlCE~ . . <br /> /Ú' ( I/~ <br /> Charles S. Meeks <br />