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soe 880702 <br /> Form Approval,AVF-taw <br /> Article V. TERM, TERMINATION. <br /> A. The grant of right herein made to Licensee shall commence on the date of this <br /> Agreement,and continue until June 30, 2007 unless sooner terminated as herein provided, or at such time <br /> as Licensee has completed its work on Railroad's property,whichever is earlier. Licensee agrees to notify <br /> the Railroad Representative in writing when it has completed its work on Railroad property. <br /> B. This Agreement may be terminated by either party on ten(10) days written notice to the <br /> other party. <br /> Article VI. CERTIFICATE OF INSURANCE. <br /> A. Before commencing any work, the Licensee will provide the Railroad with a Certificate <br /> issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this <br /> Agreement in a policy which contains the following type of endorsement: <br /> "Union Pacific Railroad Company is named as additional insured with respect to all <br /> liabilities arising out of Insureds, as Licensee, performance of any work on the property <br /> of the Railroad." <br /> B. Licensee warrants that this Agreement has been thoroughly reviewed by its insurance <br /> agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and <br /> an endorsement as required herein. <br /> C. All insurance correspondence shall be directed to: Union Pacific Railroad Company, <br /> Director (Attu.: Jon E. Devish - Folder No.02399-15), 1400 Douglas Street STOP 1690, Omaha, <br /> Nebraska 68179-1690. <br /> Article VII. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br /> Fiber optic cable systems may be buried on Licensor's property. Protection of the fiber <br /> optic cable systems is of extreme importance since any break could disrupt service to users resulting in <br /> business interruption and loss of revenue and profits. Prior to beginning any work, the Licensee shall <br /> telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried <br /> anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to <br /> the provisions contained in Section 6 of Exhibit B. <br /> Article VIII. ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM. <br /> This Agreement shall be governed, construed, and enforced in accordance with the laws <br /> of the state of Nebraska. Litigation arising out of or connected with this Agreement may be instituted and <br /> maintained in the courts of the state of Nebraska and California only, and the parties consent to <br /> jurisdiction over their person and over the subject matter of any such litigation, in those courts, and <br /> consent to service of process issued by such courts. <br /> Article IX. LICENSE FEE. <br /> Licensee shall pay, and Railroad shall accept, upon the execution and return of this <br /> instrument, the nonrefundable sum of Two Thousand Five Hundred Dollars ($2,500.00) to cover <br /> Railroad's cost to prepare and administer this Agreement. <br /> Folder No.02399-15 <br />