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<br /> . ~ r ;ti? h <br /> í <br /> I <br /> I and employees from and against any claims or úability which may be incurred by reason <br /> of any act or omission of Licensee, its officers, agents or employees in connection with <br /> Licensee's construction, maintenance or use of the driveway on the 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 purposes, <br /> Including those that may involve excavation, trenching, or other construction activities that <br /> affect the Licensee's driveway. Licensor and the franchised utilities will endeavor to notify <br /> - the Licensee in advance of the construction activities, but they make no commitment to do <br /> so. The surface of the Property will be restored to a level condition upon completion of <br /> the construction activities, but Licensee will be responsible for replacing any paving of the <br /> driveway. Licensee may terminate this License Agreement under paragraph 5 on the basis <br /> of any such construction activities. <br /> 5. ~icensor may terminate and revoke this License Agreement if Licensee <br /> violates this agreement and fails to cure such violation within 30 days after licensor gives <br /> Licensee written notice of the violation. Licensor may terminate this agreement as to all <br /> or any portion of the Property for any other reason by giving licensee sixty days written <br /> notice of termination. The construction of a public street upon all or any portion of the <br /> Property shall operate as an automatic termination of the License Agreement for the area <br /> of the street, effective upon the City's acceptance of the street; in the event of such a <br /> termination, however, the Licensee will have the same right of acces-s across the street as <br /> the public. <br /> 6. This license constitutes the entire agreement between Licensor and <br /> Licensee on this subject, and it 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 in <br /> Recital A above and is binding upon Licensee's successors in title as to that property. <br /> LICENSOR: <br /> City of San ~os. <br /> ~. / IJ/L~ <br /> Larry. Gftley \) <br /> City Manager <br />