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02/09/98 MON 1.3:54 FAX 209 .948 0621. KLEItiFELDER PHS/EIII) 19005 � 402 997 3601 TO 912094688 P.04i13 � 15:4e FR REAL I.IPRR FEB 0� 1998 Folder: 1600.89.E ROE 880702 Form Approved,AVP-Law V. TFaM_T1=RMrl�rAT10N_. A. the grant of right herein made to Licensee shall co=ience on the date of this agreement, and continue until 3131/98,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 writing when it has convicted its work on Railroad property- B. This agreement may be terminated by either party on ten(10)days written notice to the other ply Vl. A. Before commencing any work,the Licensee will provide the Railroad with a CertiScate issued by its insurance carrier providing the ursurance coverage required pursuant t°Exhibit A-1 of this agreement in a policy which contains the following type of endmurneat: "Union Pacific Railroad Company is named w additional insured with react to all liabilities arising out of lnstrred's,as Licensee,performance of any work on the property of the Railroad" B. Licensee warrants that this agrcemeat has been thoroughly reviewed by its insurance agengs)Ibro]cer(e)and that said agoet(s)lbroker(s)bas been instructed to procure insurance coverage and an Cudorsament as required herein. C. All insurance correspondence shall be directed to: Union Pacific Railroad,Director(Atte.: 1.M.Martin-Folder No.1600-89.BNM,-Mail Cade WP001,1416 Dodge Street,Omaha, Nebraska 68179. VII. PR Frier optic cable systems gray be buried on Licenaoer,propcM- protection of the fiber optic cable systems is of extreme importaaee since any break could disrupt servlet to users resulting in business interruption and loss of revenue and profits. Prior to beginning suy mak.the Licensee shall telephone the Railroad at I-800-336.9193 (a 24-hour number)to deterarine if f'nier optic cable is buried anywhere on the property art forth herein- If it is,the Licensee shall also comply with and be subject to the provisions contained in Section 6 of Exhibit A. VIII. «.nrVicC'�AI}II. w 0=OF TAW CHOICE 1+F R 110 agramtnt shall be governed,construed,and enforced is accordance with the laws of the state of Nebraska. Litigation arising out of at cortnected with this agreement may be instituted and=amts vd in the eotuos of the states of Nebraska and CaMmia only.and the Verdes coeseal to jurisdiction over their parson and over the subject mattar of nay such litigation,in those counts.and consent to service of process issued by snob courts. IX. r rCENSE FU. Licenses shall pay,and Railroad shall accept,upon the execution and return of this instrument,the nanreftrndable sem of$0.00 to cover Raslroad s cost to prepare and administer this a8mm=t. PlagginS chug"are not included is the sum recited m the preceding paragraph,and will be billed scparattly, if incurred. Articles of Agreement Page 2 0702n