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<br />- <br /> <br />- <br /> <br />One Hundred Fifty and 00/100 ($150.00) Dollars upon the execution hereof and to pay further <br />instalhnents of One Hundred Fifty and 00/100 ($150.00) Dollars each on the first day of January of <br />each and every year that the within License Is in existence. <br /> <br />2. This License Is given subject to all valid and existing covenants, conditions. <br />restrictions. exceptions, liens, licenses, reservations, easements, leases, rights and encumbrances, <br />whether of record or not. affecting the above-described property. or any portion thereof, in addition to <br />the matters hereinabove referred to. <br />3. Licensee hereby recognizes the title and interest of Licensor In and to the above- <br />described strips of land, and agrees never to assail or resists said title or interest, and further agrees <br />that It will at no time claim the property of Licensor, or any part thereof or any interest therein, as <br />dedicated to public use by reason of the use of such property for any of the purposes herein provided for <br />or incidental thereto. <br /> <br />4. SaId strip ofland shall be used for a bicycle path hereunder only in such manner as not <br />to damage. endanger or interfere with the use. maintenance. operation. removal. repair. construction <br />or reconstruction of any of the structures. communication lines. distribution or transmission lines <br />for electric energy of Licensor now or hereafter located in, on. over, along. across, or under said or <br />adjo1n1ng property of Licensor. <br /> <br />5. Should Licensor. Its successors or assIgnS, at any time require the alteration or change <br />in the location of said path. Licensee shall. at Licensee's own cost. expense and risk. so reconstruct. <br />alter or make changes in the location of said path as may be required by Licensor and in a manner <br />satisfactory to Licensor within sixty (60) days after receiving written notice from Licensor so to do. <br /> <br />6. Licensee agrees, for itself, for its agents and employees, and any person or persons <br />clalm1ng under Licensee to indemnify and save harmless Licensor Its successors and assIgnS, and any <br />of Its and their officers. agents, licenseeS and employees, from any an<;l all claims, demands, loss, <br />damage. actions, expense and/or liability. including court costs and attorney's fees, whether to any <br />persons or to any property, including the property of Licensor to which Licensor or said parties may be <br />put or subject, resulting in any manner. directly or indirectly. from the maintenance,use, operation, <br />repair, presence and physical condition of the strip of land described in this License or the bicycle <br />path facilities established by Licensee under the term of this License, or otherwise, notwithstanding <br />the circumstances that Licensor mayor may not also be alleged and/or determined to have been <br />concurrently or otherwise negligent (including active negligence) and/or to have jointly caused or <br />contributed by such negligence (including active negligence) to any such claims, demands, loss, <br />damage. actions, expense and/or liability in any such case. Licensee further hereby agrees to <br /> <br />5 <br />