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5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Fisher Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Fisher Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may Page 2 of 7 250-4 9~25~2°08