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4:11 -cv- 03211- JMG -CRZ Doc # 44 Filed: 12/03/12 Page 5 of 8 - Page ID # 642
<br />201306737
<br />cable system is currently located within such area. If
<br />grantee's action causes damage to any of grantor's existing
<br />improvements, including houses, garages, shops, sheds,
<br />and fences, or growing crops, which are within the
<br />easement premises, grantee shall pay reasonable
<br />compensation to the grantor for such damage to the extent
<br />provided by law.
<br />The easement includes all rights necessary to the
<br />lawful occupation of the easement premises by an existing
<br />telecommunications cable system, and by any additional
<br />telecommunications cable system that is constructed and
<br />installed by or on behalf of grantee in the easement
<br />premises and that is owned or operated by either (a)
<br />grantee or (b) any person or entity to which grantee sold,
<br />granted, leased, or otherwise transferred or may hereafter
<br />sell, grant, lease, assign, or otherwise transfer, all or any
<br />part of the rights in or use of such telecommunications
<br />cable system.
<br />The easement, however, does not apply to any
<br />telecommunications cable system that existed on March 15,
<br />2012, but that was acquired by grantee after that date
<br />(unless such telecommunications cable system or
<br />component thereof was acquired from any of Sprint
<br />Communications Company L.P.; Qwest Communications
<br />Company, LLC, f/k/a Qwest Communications Corporation;
<br />Level 3 Communications, LLC, Level 3 Communications,
<br />Inc., and Level 3 Telecom Holdings, Inc.; WilTel
<br />Communications, Inc.; WilTel Communications, LLC; and
<br />Williams Communications, LLC, f/k/a Williams
<br />Communications, Inc., f /k/a Vyvx, Inc.).
<br />No oil, gas, or other mineral rights are granted and
<br />no existing oil, gas, or other mineral rights are expanded,
<br />limited, or affected by this instrument, provided, however,
<br />that grantor shall not use a method of extraction that
<br />interferes with or impairs in any way the easement, the
<br />telecommunications cable system, or the exercise of
<br />grantee's rights herein.
<br />Grantor shall not, nor shall grantor authorize others
<br />to, construct or create any road, reservoir, excavation,
<br />obstruction, structure, or building or change the land grade
<br />on, in, over, under, through, or across the easement
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