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4 :11 -cv- 03211- JMG -CRZ Doc # 44 Filed: 12/03/12 Page 6 of 8 - Page ID # 643 <br />201 306737 <br />premises without the prior written consent of grantee, <br />provided that nothing herein shall be construed to affect <br />the rights and obligations of any railroad with respect to <br />the use, improvement, or alteration of its railroad right of <br />way, as provided in any agreement between the railroad <br />and the grantee, by applicable law, or otherwise. <br />It is understood and agreed that the easement is not <br />exclusive and is subject to all pre- existing uses and pre- <br />existing rights to use the easement premises, whether such <br />uses are by grantor or others and whether for surface uses, <br />crossings, or encroachments by communication companies <br />or utilities. It is further understood and agreed that grantor <br />retains all of its existing rights, if any, to grant, convey, <br />assign, and restrict any and all rights (including future <br />rights and uses) on the easement premises, provided, <br />however, and notwithstanding the foregoing, that grantor <br />shall not use or authorize others to use the easement <br />premises in a manner that interferes with or impairs in any <br />way grantee's telecommunications cable system or the <br />exercise by grantee of the rights granted herein. <br />Subject to the terms hereof, grantee shall have all <br />other rights and benefits necessary or useful to the full and <br />complete enjoyment and use of the easement for the <br />purposes stated herein, including the right to sell, grant, <br />lease, or otherwise transfer all or any part of the rights in <br />or use of the telecommunications cable system. <br />Grantor conveys the easement without warranty of <br />title to any property interest in the easement premises. <br />This instrument does not address and shall not affect any <br />real property rights, including the priority of interests, <br />between grantor and any railroad or between grantee and <br />any railroad, or any of their predecessors, successors, past <br />or present predecessors in interest, successors in interest, <br />successors in title, members, partners, parents, <br />subsidiaries, affiliates, lessees, assigns, and past, current, <br />or future licensees or assignees. This easement is not <br />intended to impact or diminish any railroad's existing <br />rights or property interests in the right of way. This <br />easement shall not be construed to permit grantee to <br />interfere with railroad operations. This easement also shall <br />not permit any component of a telecommunications cable <br />6 <br />