2017-045 Resolution - Laserfiche WebLink

Home Browse Search

5. Licensee agrees to contact the City of North Olmsted Engineering Department / Building Department and the Ohio Utilities Protection Service, 8-1-1 or 1-800-362- 2764, at least 48 hours but no more than 10 working days (excluding weekends and legal holidays) before beginning ANY digging project on Licensor's Right of' Way. 6. Licensee agrees that in the .installation of its sign, it shall repair any damage caused by or to underground utilities, above ground utilities or injury to landscaping. Licensee agrees that it has inspected the Right of Way and finds and accepts it in good condition, free of'damage. 7. If Licensee elects to abandon use of the sign within Licensor's Right of Wray, this Agreement shall automatically terminate and, in such case, Licensee agrees to return the site to a condition free from all improvements, additions or modifications, including, but not limited to, the sign and concrete. Such termination shall be self -operative and no further documentation shall be necessary to terminate Licensee's License of the Right of Way. 8. Licensor or Licensee(s)(one or both) may terminate this License by providing one hundred and twenty (120) days prior written notice to the other party, and in such case, Licensee agrees to return Licensor's Right of Way to a condition free from all improvements, additions or modifications, including, but not limited to, the sign and concrete, installed by Licensee and its assigns. 10. During the term of this Agreement, Licensee agrees that Licensee will indemnify Licensor its employees, officers, agents and invitees, and save all harmless from and against any and all claims, actions, damages, liability and expenses in connection with the installation and usage of the above -referenced sign within the Licensor's Right of Way. 1 l . This License shall inure to the benefit of and be binding upon the parties hereto and their respective successors, successors -in -title and assigns. 12. This Agreement shall, upon execution by the parties, constitute the entire agreement and understanding of the parties with respect to the referenced development sign to be located at Licensor's Right of Way and Licensee's Property. This Agreement may be modified only by a writing signed by all three parties. 13. This Agreement shall be construed and interpreted in accordance with the laws of the State of Ohio. If any term or provision is deemed invalid or unenforceable, such term or provision shall be severed from the Agreement and shall not render the remaining terms and provisions invalid or unenforceable.