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<br />'.. Ljlff! <br /> <br /> <br /> <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 /> <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 commitment <br />to do so is made. The surface of the PROPERTY will be restored to a level condition upon <br />completion of construction activities, but LICENSEE will be responsible for replacing the <br />paving of the driveway. LICENSEE may terminate this License Agreement under <br />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 such violation within 30 days after LICENSOR <br />gives LICENSEE written notice of the violation. LICENSOR may terminate this agreement <br />for any other reason by giving LICENSEE sixty days written notice of termination. <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 <br />both parties. ~ <br /> <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 /> <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 /> <br />LICENSOR: <br />City of San Marcos <br /> <br />'~""-- / ./ ~ / <br />LarryO. Gilfèy tJ <br />City Manager <br /> <br /> <br />LICENSEE: <br />M-Y Construction Co., LLC. <br /> <br /> <br />By: ~-~- :~ <br />/-1/\ ~dk 1J'J7~~ <br />Printed amerritle. <br />