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ROE 880702 <br />Forth Approved, AVP-Law <br />Article 5. TERM; TERMINATION. <br />A_ The grant of right herein made to Licensee shall commence on the date of this <br />Agreement, and continue until April 30, 2012 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 6. CERTIFICATE OF INSURANCE. <br />A. Before commencing any work, the Licensee will provide the Railroad with a Certi£cate <br />issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C 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 (Attn.: Kylan Crawford - Folder No.02713-88), 1400 Douglas Street STOP 1690, Omaha, <br />Nebraska 68179-1690. <br />Article 7. 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 8. 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 9. LICENSE FEE. <br />Licensee shall pay, and Railroad shall accept, upon the execution and return of this <br />instrument, the nonrefundable sum of Three Thousand Dollars ($3,000.00) to cover Railroad's cost to <br />prepaze and administer this Agreement- <br />Folder No. 02713-88