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with such Licensee's use of the Property, except to the extent caused by the wrongful or <br />negligent acts or omissions of Licensor. <br />2.6 Right of Use of Property by Licensor and Public Utilities. The Licensor <br />reserves the right at all times, for itself and all public utilities authorized to use the Property for <br />public utility purposes, to perform utility construction and maintenance activities on the <br />Property, including those that involve excavation, trenching, pole and wire placement, or other <br />activities that may affect the Driveway Improvements. The Licensor will notify the Licensees at <br />least ten (10) days in advance of any construction or maintenance activities of the Licensor on <br />the Property, including the scope of the activities, except in emergencies. Licensor may restrict <br />parking as reasonably necessary when using the Property for the purposes under this paragraph <br />and may, at Licensees' expense, remove parked vehicles remaining after the date provided in <br />said notice to Licensees or, immediately in the case of emergencies. The surface of the Property <br />shall be restored to a level condition upon completion of the construction or maintenance <br />activities, but the 1410 Owner will be responsible for replacing any affected portions of the <br />Driveway Improvements. The 1410 Owner will perform the replacement in a manner and to the <br />extent that the replacement is compatible with the use of the Property pursuant to this <br />Agreement. Licensees agree to hold harmless the Licensor and all public utilities authorized to <br />use the Property, and their officers, agents and employees, for any damages to the Driveway <br />Improvements that are caused in any way in connection with the use of the Property for public <br />utility purposes by the Licensor or any such utility or their officers, agents or employees, except <br />for any damage resulting from the negligent or wrongful acts or omissions of the Licensor or any <br />utility or their agents or employees. <br />2.7 Default and Termination. Notwithstanding anything in this Agreement to the <br />contrary, this Agreement may be terminated as follows: <br />A. Licensor may terminate this Agreement if any Licensee violates this <br />Agreement and fails to cure the violation within thirty (30) days after the Licensor gives <br />such Licensee written notice of the violation, or if such default is not capable of being <br />cured in thirty (30) days then such longer period as is necessary, provided that such <br />Licensee is diligently pursing the cure then Licensor may take such actions as are <br />necessary to cure the default. <br />B. Upon agreement of both Licensees, the Licensees may terminate this <br />Agreement at any time for any reason by giving Licensor written notice of termination. <br />C. If Licensor determines that the Property shall be used for vehicular traffic <br />and improves the Property as a public right -of -way, and such public right -of -way <br />provides access to the 1350 Property and the 1410 Property in the same manner and in <br />the same location as the Driveway Improvements, then upon ninety (90) days prior <br />written notice to Licensees, Licensor may terminate this Agreement. <br />D. If either Licensee discontinues use of the 1350 Property or the 1410 <br />Property for multi- family residential housing or the Licensees abandon or discontinue <br />their use of the Property for more than 12 consecutive months, then upon ninety (90) days <br />CH \1905557.7 3 <br />