FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

WE 880702 Fo Form Approved,AVP-tmv i� Article V. TERM:TERMINATION. A. The grant of right herein made to Licensee shall commence on the date of this Agreement, and continue until October 10, 2007 unless sooner terminated as herein provided, or at such time as Licensee has completed its work on Railroad's property,whichever is earlier. Licensee agrees to notify the Railroad Representative in Nr.iting when it has completed its work on Railroad property. B. This Agreement maybe terminated by either party on ten(10)days written notice to the other party. Article VI. CERTIFICATE OFI\SURANCE, A. Before commencing ary work, the Licensee will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C of this Agreement in a policy which contains the following type of endorsement: "Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's, as Licensee, performance of any work on the property of the Railroad." B. Licensee warrants that this Agreement has been thoroughly reviewed by its insurance agent(s)fbroker(s) and that said agent(s)/broker(s)has been instructed to procure insurance coverage and an endorsement as required herein. C. All insurancecorrespondence shall be directed to: Union Pacific Railroad Company, Director (Attn.: Jon E. Devish - Folder No.02153-03), 1400 Douglas Street STOP 1690, Omafia, Nebraska 68179-1690. Article VII. PROTECTION OF FIBER OPTIC CABLE SYSTEMS Fiber optic cable systems may be buried on Liuensoes.property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Prior to beginning any work, the Licensee shall telephone the Railroad at 1-800-336-91M (a 24-hour number) to determine if fiber optic cable is buried anywhere on the property set forth herein. If it is, the Licensee shall also damply with and be subject to the provisions contained in Section 6 of Exhibit B. Article VIII. ENFORCEAI3H.M,CHOICE OF LAW CHOICE OF FORUM. 1 This Agreement shall be governed,construed, and enforced in accordance with the laws of the state of Nebraska. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the state of Nebraska and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. i Article IX. LICENSE FEE. Licensee shall pay, and Railroad shall accept, upon the execution and return of this instrument, the nonrefundable sum of Two Thousand Five Hitndred Dollars (52;500.00) to cover Railroad's cost to prepare and administer this Agreement, Folder No.02153-03