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except when such injury, loss or damage as shall have been caused by the negligence or <br /> willful act of Licensor. <br /> 4. Licensee agrees that upon the completion of any of its work within Licensor's property, <br /> to restore the surface of the ground to the condition in which it was prior to the <br /> commencement of said work or as acceptable to Licensor. Licensee shall, at Licensee's <br /> sole cost, promptly repair any damage to Licensor's real and personal property, arising <br /> out of or in connection with Licensee's operation, maintenance, replacement, repair or <br /> removal of said Storm Drain and appurtenances. <br /> 5. Licensor reserves the right to convey rights to others so long as such License(s) do not <br /> conflict or interfere with Licensee's rights herein conveyed, but prior to making such a <br /> conveyance, Licensor will provide written notice to Licensee. <br /> 6. This instrument contains the entire agreement between the parties relating to the rights <br /> herein granted and the obligations herein assumed. Any oral representations or <br /> modifications concerning this instrument shall be of no force and effect except by a <br /> subsequent modification in writing, signed by the party to be charged. <br /> 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of <br /> the respective parties hereto. <br /> LICENSOR LICENSEE <br /> City of Pleasanton Alameda County Flood Control & <br /> Water Conservation District, Zone 7 <br /> Nelson Fialho, City Manager <br /> G. F. Duerig, General Manager <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan Lowell, City Attorney <br /> 2 <br />