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insurance company issuing the policy shall notify Lessor, in writing, of any material alteration including any change in the retroactive date in any 'claims -made' policies or substantial reduction of aggregate limits, or cancellation at least thirty (30) days prior thereto. The insurance policy shall be written by a reputable insurance company or companies acceptable to Lessor or with a current Best's Insurance Guide Rating of B and Class VII or better, and which is authorized to transact business in the state where the Premises are located. C. Lessee hereby waives its right of subrogation under the above insurance policy against Lessor for payment made to or on behalf of employees of Lessee or its agents or for loss of its owned or leased property or property under its care, custody and control while on or near the Premises or any other property of Lessor. Lessee's'insurance shall be primary with respect to any insurance carried by Lessor. Article V. SPECIAL PROVISION — PRIVATE ROADWAY — NON - EXCLUSIVE WITH CROSSING 201802170 Subject to the terms and conditions of this Lease, Lessee may construct, use and maintain the roadway and crossing shown on the attached print, provided that: A. The roadway and crossing are to be strictly private and not intended for, and may not be used for, public purposes. . B. The use of the roadway and crossing is not exclusive. The roadway and crossing is to be used jointly with Lessor and others to whom Lessor has given or may give similar rights. C. Lessee, at Lessee's sole cost and expense, will keep the rail flangeways at crossing clear of all obstructions. D. Lessee, at Lessee's sole cost and expense, shall install and maintain any signal, sign or Ush protective'device required by public authority for the crossing. E. Lessee, at Lessee's sole cost and expense, shall maintain the roadway and crossing in a condition satisfactory to Lessor. F. Lessee's right to construct, maintain and use the roadway and crossing is a license and not a lease, and the roadway and drossing''are not a part of the Premises, except that all of Lessee's obligations and Lessor's rights under this Lease regarding the Premises shall also apply to the roadway and crossing. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first • herein written. MINION PACTF1 RAILROAD COMPANY ANDE By: � X � r ,�� 1.* z B; y Director — Real Estate NOTE: Supersedes Agreement No. 177378. which was cancelled. Speltz- Schultz Lumber Co. of Grand Island.