COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

ROE 920316 Form Approved,AVP-law Article 5. TERM; TERMINATION. A. The grant of right herein made to Licensee shall commence on the date of this Agreement, and continue until December 11, 2015 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 completed its work on Railroad property. B. This Agreement may be terminated by either party on ten (10)days written notice to the other party. Article 6. CERTIFICATE OF INSURANCE. A. The Licensee.at its expense, shall obtain or provide the insurance described in Exhibit C hereto and hereby made a part hereof, through third-party or self-insurance, and provide a certificate or certificates of insurance, or Declaration of Self-Insurance (in the form of' a letter from Licensee's Treasury Department)certifying to the person named in Paragraph C below that such risks are covered by the financial resources of Licensee. Licensee will fully comply with the requirements of Exhibit C, either by third-party or self-insurance. B. bisensee waReHtr, that this Agreement har, been ther-eughiy r-eviewed by its insum -a;-;- ead-er-sament as required her-eiw. C. All insurance correspondence shall be directed to: Union Pacific Railroad Company, Director (Attn.: Jon E. Devish-Folder No.2481-98), 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690. Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on Licensor's 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 1-800-336-9193 (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 comply with and be subject to the provisions contained in Section 6 of Exhibit B. Article 8. ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM. 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. Article 9. CONFIDENTIALITY. A. The Parties acknowledge that any data, samples,test results,laboratory analyses, or other information obtained or derived from any environmental investigation or other related work performed on Railroad's Property, and all documents,reports or other information that are developed which pertain to environmental conditions on Railroad's Property(hereinafter"the Environmental Report") are Exhibit B