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200307633
<br />telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for
<br />relocation or other protection of the fiber optic cable prior to beginning any work on the premises.
<br />In addition to the liability terms elsewhere in this document, the Grantee shall, to the extent and
<br />in the manner allowable under Nebraska Law, indemnify and hold the Grantor harmless against and from
<br />all cost, liability and expense whatsoever (including the Grantor's tees and court cost and expenses)
<br />actually incurred arising out of or in any way contributed to by any negligent act or omission of the
<br />Grantee and its employees, the Grantee's contractor, subcontractor, their agents or employees for any
<br />damage to or destruction of any telecommunications systems by the Grantee and its employees, the
<br />Grantees contractor, subcontractor, their agents or employees on the Grantor's property.
<br />7. 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 fumish flagging and such other protective service as might be necessary
<br />and Grantee shall reimburse Grantor for the cost thereof.
<br />8. The Grantee shall notify the Grantor at least ten (10) days prior to entering the Grantor's right of
<br />way.
<br />9. If said described premises, or any part thereof, shall at any time cease to be used by said Grantee, or
<br />by the public, for the purpose, as aforesaid, or should they be converted to any other use whatsoever, or
<br />should the Grantee fail to perform any of the conditions herein expressed, then and in any such event, all
<br />the right, title, interest, benefits and enjoyment of said Grantee, or of the public, in and to said premises,
<br />for any purpose whatsoever, shall immediately cease and determine, and the said Grantor, its successors
<br />and assigns, may, at its or their option, reenter, retake, and hold said described lands and premises as the
<br />of the present estate of said Grantor without compensation to said Grantee, the public, or any other
<br />person whomsoever, for improvements or property removed, taken or destroyed, or liability for loss of, or
<br />damage to any premises or the improvements thereon abutting on said rights area of any part thereof.
<br />The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the
<br />peaceable possession, use or enjoyment thereof, and the grant herein made is subject to all outstanding
<br />rights or interest of others, including the tenants and licensees of the Grantor.
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