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2. Any and all cuts and fills, excavations or embanlrnients necessary in the construction,maintenance, <br /> or future alteration of said highway shall be made and maintained in such manner, form and extent as <br /> �O <br /> will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and � <br /> wherever any such fill or embankment shall or may obstruct the natural and preexisting drainage from � <br /> � <br /> such lands and premises of the Grantor,the Grantee shall construct and maintain such culverts or drains ~ <br /> 2� <br /> 00 <br /> as may be requisite to preserve such natural and preexisting drainage,and shall also wherever necessary, p <br /> construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, <br /> such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or <br /> other waters, and of materials and workmanship equally as good as those now existing. <br /> 3. The grantee shall bear the cost of removal,relocation or reconstruction of any and all right of way <br /> fences,telephone or telegraph poles, or other facilities,the removal,relocation or reconstruction of <br /> which may be made necessary by reason of the use of said premises for said highway purposes. <br /> Whenever or whatever such revisions are undertaken by the Grantor,the Grantor agrees to <br /> furnish to the Grantee a drawing showing the present and proposed location of the existing facilities <br /> being adjusted. <br /> 4. The Grantee shall, at its own cost and expense,make adjustment with industries or other lessees of <br /> Grantor for building or improvements that may have to be relocated,reconstruction or destroyed by <br /> reason of the construction and maintenance of said highway on said premises. <br /> 5. This instrument is granted according to the terms and conditions of that certain Letter Agreement or <br /> Construction and Maintenance(C&M)Agreement between the Grantor and the Grantee, accepted by the <br /> Grantee on November 24, 1998 and signed by Grantor on December 28, 1998 and made subject to the <br /> terms and conditions contained therein. <br /> 6. The Grantee shall, or shall require its contractor to,notify the Grantor a sufficient time in advance <br /> whenever the Grantee or its contractor is about to perform work on or adjacent to Grantor's right of way <br /> and tracks to enable Grantor to furnish flagging and such other protective service as might be necessary <br /> and Grantee's contractor shall reimburse Grantor for the cost thereof. <br />� c•t__.n _r c <br />