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<br />5. The rights herein provided to Grantee shall lapse and become void if the <br /> <br /> <br />construction of said structure upon said park is not commenced within one (1) year from <br /> <br /> <br />the date of this License Agreement. <br /> <br />6. Grantee shall bear the entire cost and expense of constructing, reconstructing, <br /> <br />accessing, operating and maintaining the structure in Fisher Park, as well as the entire <br /> <br />cost and expense of excavating and reconstructing the immediate area around the <br /> <br />structure. Grantee agrees that all work upon or in connection with said structure shall be <br /> <br />done at such times and in such manner as allowed under a permit obtained from City. A <br /> <br />project marker in a form and size satisfactory to the City identifying the facility and its <br /> <br />owner shall be installed and constantly maintained by, and at the expense of, Grantee on <br /> <br />the cover over the monitoring well or such location as City shall approve. Absence of the <br /> <br />marker does not constitute a warranty by City that the subsurface installation does not <br /> <br />exist and City does not assume any responsibility for protection of Grantee's equipment. <br /> <br />7. In the event City shall at any time so require, Grantee, at Grantee's expense, <br /> <br />shall reconstruct, reinforce or alter said structure upon receipt of written notice from City <br /> <br />to do so. All such work shall be performed by Grantee or by any means authorized by it. <br /> <br />8. Grantee, its agents and employees shall have the privilege of entry onto Fisher <br /> <br />Park, under permit, for the purpose of constructing, reconstructing, maintaining and <br /> <br />making necessary repairs to said structure. Grantee agrees to keep the monitoring well <br /> <br />and the immediate area around the well, in a good safe condition, free from hazards and <br /> <br />obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If <br /> <br />Grantee fails to keep the monitoring well, and immediate area around the monitoring <br /> <br />well, in good and safe condition, free from hazards and obstructions, then City may <br /> <br />250-4 <br /> <br />9/25/2008 <br /> <br /> <br />Page 2 of7 <br /> <br />- <br />