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• <br /> pal <br /> 1. LICENSED PROPERTY. The property subject to this License is described in Exhibit <br /> A ("Property"). <br /> 2. TERM. This License shall be effective upon execution by the Mayor of the City and <br /> shall expire on December 31, 2018, unless terminated sooner. <br /> 3. AUTHORIZED USE. Glacier may only use the air space of the Property for the <br /> purpose of a conveyor system for the transport of aggregate and other materials. <br /> 4. ANNUAL FEE. Glacier shall pay One Thousand Two Hundred Dollars ($1,200.00) <br /> each year on or before February 1st during the term of this License. The Annual Fee shall be <br /> incrementally increased by 5% each year following the first year. <br /> 5. INDEMNIFICATION. Glacier hereby agrees to defend and indemnify (including <br /> reasonable attorneys' fees) and hold the City, its officers, employees and agents harmless from <br /> any claims related to any injury, loss or damage to people or property, including, but not <br /> limited to, damage to the street, road or right-of-way and any City facilities and death, arising <br /> out of or related to this License, including, but not limited to, its design, construction, <br /> maintenance, and/or repairs;provided, however, nothing herein shall require Glacier to <br /> defend, indemnify or hold harmless the City, its officers, employees and agents for that <br /> portion of any injury, loss, or damage attributable to the negligence of the City, its officers, <br /> employees, and agents, or the negligence of third parties. This defense and indemnification <br /> obligation shall survive any termination, revocation or expiration of this Agreement. <br /> 6. TERMINATION. The City may terminate this License for any breach of any term or <br /> condition of this License, or any other term or condition of any other agreement, license, <br /> permit, or easement that relates to the Property, including, but not limited to,the Conveyor <br /> System Maintenance and Indemnification Agreement, within thirty(30) days after written <br /> notice from the City of such breach, provided,however that if the breach identified is not a <br /> breach that it is reasonably possible to cure in thirty(30) days, Glacier shall not be in default if <br /> it commences to cure the breach within thirty(30) days and thereafter diligently prosecutes <br /> such cure to completion (up to a maximum cure period of one hundred and twenty (120) <br /> days). This right is in addition to any other rights at law or in equity arising out of or related <br /> to such breach. <br /> GLACIER NW-WILDER CONST Conveyor License-Agenda.Doc — 2 - <br /> 30 <br />