Laserfiche WebLink
08!26/03 TUE 11:44 FAX 510 6141 GEOMATRII OAKLAND 1@005 <br /> ROE 880702 <br /> Form Approved,AVP-Law <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 1, 2007 unless sooner terminated as herein provided, or at such tirne <br /> as Licensee has completed its work on Railroad's property, whichever is earlier. Licensee agrees to <br /> notify 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 A-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 Insured's, 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(Atte.:Jon Devish-Folder No.02097-29), 1800 Farnam Street,Omaha,Nebraska 68102. <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-Dour 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 A. <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 Califomia 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 /> Folder No, 02097-29 page 2 <br />