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(c) <br />At all times prior to Licensee's removal of the facilities or the City's delivery of a <br />written release, releasing Licensee from its obligation to remove such facilities, <br />whichever occurs fast, Licensee shall maintain general liability insurance in an <br />amount that will always equal or exceed maximum potential Liability of the City <br />for actions sounding in tort, as set forth in the Colorado Governmental Immunity <br />Act, as the same may from time to time be amended. (Said Act is currently <br />codified at Section 24 -10 -101, et. seq., C.R.S. and the maximum liability at the <br />time of execution of this License is 8600,000.) The City shall be named as an <br />additional insured in the insurance policy or policies maintained by Licensee in <br />satisfaction of the requirements of this paragraph and shall be entitled to 30 days <br />prior written notice of cancellation or material reduction in Licensee's insurance <br />coverage. <br />(d) If a claim or action is made or brought against either party for which the other <br />party may be responsible hereunder in whole or in part, such other party shall be <br />notified and permitted to participate in the handling or defense of the matter. <br />7. Except as specified herein at paragraph 11, all cost and expenses incurred in <br />connection with the design, construction, maintenance, repair and removal of the facilities shall <br />be borne by the Licensee. <br />8. Upon termination of this agreement and the removal of the facilities covered by it, <br />or the City's written release of Licensee from the obligation to remove the facilities, as the case <br />may be, all the rights, title and interest of the Licensee under this agreement, shall cease and <br />terminate, and this instrument shall become null and void, without any liability on the part of <br />either party to the other party except only as to any liability accrued prior thereto. If not released <br />from this obligation, Licensee shall remove its facilities from City property, and all property of <br />the City shall be restored in good condition and to the satisfaction of the City. The City will not <br />require Licensee to restore the contours which existed prior to the construction of the facilities, <br />but may require Licensee to remove all asphalt and concrete material installed by Licensee <br />hereunder and dispose of such materials off site and to revegetate the area previously disturbed <br />by the facilities. If the Licensee fails or refuses to remove its facilities and restore the underlying <br />City property under the foregoing -conditions, the City shall be privileged to do so at the cost of <br />the Licensee, and the City shall not be liable in any manner to the Licensee for the removal of the <br />facilities or any part thereof. <br />9. As part of the consideration for this agreement, Licensee covenants and agrees <br />that no assessments, taxes or charges of any kind shall be made against City or its property by <br />reason of the construction of the facilities of Licensee, and Licensee further covenants and agrees <br />to pay to City promptly the full amount of any assessments, taxes or charges of any kind which <br />may be levied or imposed against the City or its property by reason of the construction and <br />maintenance of the facilities of Licensee. <br />10. The rights conferred by this agreement shall be the privilege of the Licensee only, <br />and no assignment or transfer of them shall be made, or use be permitted other than for the <br />3 <br />