Res 1995-073 - Laserfiche WebLink

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. " t~. (V.;;t ~ 2. Tcnninstion: ,Licensor may tenninate this Li~n~ upon 30 ' days' written notice: if Li~ns.:c: fails to k~p any of Lic~(;s~c's COVC124nlS herein çontained, or if the right of way is required for other purpo~s by Li~nsor, and no n:imburscrr.crlt s'na'Ù 't;,<: m3.o<: ~ot L\<:.~'t'o.s~<:,'!. ~x9~nses incurred in the removal of this crossing or tbe consideration paid for this Li~n~. ~o termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing. 3. R~toration: Upon the tennination of this agreement. whether in accordance: with the provisions of Paragra!?h I of Article I. or Paragraph 2 or 4 of Article III. or otherwise. Li~nsee shall promptly remove said Crossing from ucensor"s right of way, and restore said right of way to its prior condition, or to a condition satisfactory to Lio:nsor. If Lio:nStt sf¡¿lJ fail to remove said Crossing within thirty (30) days after the tennination of this agreement. Li~nsor may remove the sa~, and charge: the: cx~nse therefor to the Licens~ on the basis provided in Paragraph I(b) of Article III. 4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the: parties hereto. their heirs. executors, administrators, successors and assigns. and Licensee agrees to supply notice in writing to Licensor of any name changes. Licens~ agrees not to assign this License or any interest therein, without the consent of Licensor in writing. and any and every such attempted assignment without such prior written consent shall be void and of no' effect. In the event of any ìssignment, Licensee shall at all times remain fully responsible and Jiable for the payment of the rental, if any. herein specified and 'or the compliance of all of its other obligations under the terms, provisions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on anv vearly anniversary date of this license by .giving Licens~e thirty (30) da~s' written notice. Li~nsor may increase the rentál by thë percentage that the Consumer PrIce Index has Increased, pubhshed by the Department of Labor, sin~ the last rental increa~ period, or the last anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shaH be understood so to refer to Licensee whether Licen~e be a natural person, a partnership, or a corporation, or any combination thereof. (d) Any notice herein required to be given by Licensor to Lice:nsee shaH be deemed properly given if served upon or dc:livered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral ~greements, or oral warranties shall be deemed a part of this License. nor shall any alteration. amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. (f) This License does not become binding upon Licensor until executed by Lice~sor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ~yISG;:~S~T~ LR OAD CO M pm Vice-President CITY OF SAN MARCOS, TEXAS Í- - 0....1 ",.-4. By - - -- . Title Mayor Address: 630 East Hopkins Attest: ~ San Marcos, Texas 78666 ~?! City Secretary File: T-18970 d~- 03. 7(;;( -3-