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20010009, <br />`9 4 - 109687 <br />Grantee's expense. If the Grantee should fail to perform such removal, the Grantor may perform the <br />work and the Grantee shall reimburse the Grantor for the cost thereof within thirty (30) days after <br />bill rendered. <br />B. In the case of the Grantee's failure to remove such structures and other property, the <br />same, at the option of the Grantor, shall upon the expiration of thirty (30) days after the termination <br />of this Rights Agreement, become and thereafter remain the property of the Grantor; and if within <br />one (1) year after the expiration of such thirty-day period the Grantor elects to and does remove, or <br />cause to be removed, said structures and other property from the Premises and the market value <br />thereof or of the material therefrom on removal does not equal the cost of such removal plus the cost <br />of restoring the surface of the ground as aforesaid, then the Grantee shall reimburse the Grantor for <br />the deficit within thirty (30) days after bill rendered. <br />A. Fiber optic cable systems may be buried on the Grantor's property. Grantee shall <br />telephone the Grantor at 1- 800 - 336 -9193 (a 24 -hour number) to determine if fiber optic cable is <br />buried anywhere on the Premises. If it is, Grantee will telephone the telecommunications <br />company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other <br />protection of the fiber optic cable prior to beginning any work on the Premises. <br />B. In addition to the liability terms elsewhere in this Rights Agreement, the Grantee shall <br />indemnify and hold the Grantor harmless against and from all cost, liability, and expense whatsoever <br />('including, without limitation, attorney's fees and court costs and expenses) arising out of or in any <br />way contributed to by any act or omission of the Grantee, its contractor, agents and/or employees, <br />that causes or in any way or degree contributed to (a) any damage to or destruction of any <br />telecommunications system by the Grantee, and/or its contractor, agents and/or employees, on <br />Grantor's property, (b) any injury to or death of any person employed by or on behalf of any <br />telecommunications company, and/or its contractor; agents and/or employees, on Grantor's property, <br />and/or its contractor, agents and/or employees, on Grantor's property, and/or (c) any claim or cause <br />of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such <br />telecommunication company(ies). <br />• • : IMMO [tie <br />This Rights Agreement shall be binding upon and inure to the benefit of the parties <br />hereto and their respective successors and assigns. <br />ri' z > <br />rn to <br />n <br />S <br />n <br />G: \LAWADM \PAR \JML \188- 00.EXC <br />jj <br />C- cn <br />c� -4 <br />rri m <br />cn <br />-r r <br />� � m <br />� � D <br />!n <br />D <br />W <br />CJ. <br />-A rTl <br />1 <br />G <br />O N <br />C0 QD <br />Cn n <br />c <br />CO E3 <br />7__ <br />F_ <br />