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88101380
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Last modified
3/9/2007 5:41:09 PM
Creation date
3/9/2007 4:31:53 AM
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88101380
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<br />TRACT NO. <br /> <br />F202HL008B <br /> <br />Jj <br /> <br />88- 101380 <br /> <br />ADDENDUM <br /> <br />between <br /> <br />Delicious Foods Co. <br /> <br />, and <br /> <br /> <br />ADDENDUM TO RIGHT-OF-WAY GRANT <br /> <br />AT&T Communications of the Midwest, Inc., dated <br /> <br />3-8-88 <br /> <br />covering land located in Section 4 <br /> <br />Township 11 <br /> <br />North, Range <br /> <br />9 <br /> <br />\-lest, <br /> <br />Hall <br /> <br />County, Nebraska. <br /> <br />Grantor shall not be liable to Grantee for accidental damage to Grantee's <br />cable or other facilities or loss of revenue occurring in the course of <br />excavating or digging in or about the easement area, provided that Grantor <br />has done all of the following: (a) notified Grantee at least 24 hours to <br />excavating or digging within 5 feet of the permanent easement strip; (b) <br />permitted Grantee's representative to enter Grantor's lands to locate the <br />cable or other facilities, and permitted Grantee's representative to be <br />present during the digging and excavation, and (c) has avoided excavating <br />or digging directly where Grantee's representative has identified the cable <br />or other facilities to be located, or, if that is not feasible, followed <br />Grantee's representative's reasonable suggestions (such as hand excavation) <br />to avoid damage to the cable or other facilities. The notice required <br />under (a) above may be given directly to Grantee by calling (toll-free or <br />collect) at (800) 328-6039 or such other replacement number provided by <br />Grantee or Grantor. <br /> <br />Grantor reserves the right to cross said easement with roads, driveways, <br />field tile and other utilities, including water, electricity, gas and <br />sewer lines, subject, however. to the following: (a) Grant.or and its <br />agents and contractors shall at all times exercise reasonable care to <br />prevent damage to Grantee's cable or other facilities. and (b) Grantor <br />shall give Grantee not less than ~ day notice prior to engaging in any <br />construction activities within 5 feet of the easement strip, so as to <br />permit Grantee to locate its cable or other facilities. and Grantor shall <br />permit Grantee to have a representative present during any such activities. <br /> <br />Grantee shall use all reasonable care and dispatch in the installation, <br />maintenance. repair and replacement of all installations in the easement <br />area, and shall restore the easement area to substantially the same con- <br />dition as it was at the time of said installation, repair or replacement. <br />All sod removed will be replaced to its former condition, and in the <br />event any sod would be killed because of removal or other operations of <br />the Grantee during any period of construction, the same will be replaced <br />at Granteels expense. <br /> <br />The Grantee has been advised of the location of Grantor's highline poles <br />and underground connections and cables, as well as sprinkler system, but <br />Grantee has made its own independent determination of the existence and <br />location of all other utilities and installations of any kind in the <br />easement area or in near proximity therero. <br /> <br />Grantee is fully aware that its communications installation must pass <br />under Grantor's 3D-foot ribbed-surface concrete ramp containing Custom <br />built electrical snow-melting systems (Sno-mats systems) connecting to <br />Grantor's loading dock on the south side of its Plant, and warrants that <br />all installations involving said ramp and adjoining area will be accom- <br />plished so as to cause no damage to or destruction of said ramp and elec- <br />trical snow-melting systems, and Grantee shall further be liable to the <br />Grantor for any loss, damage or destruction to such loading dock. ramp <br />and electrical systems resulting from Grantee's construction, mainten- <br />ance and repair of such systems. Grantee shall further be liable to <br />Grantor for any and all other damage or loss incurred by Grantor by reason <br />of its being prevented from using said loading dock or by reason of any <br />interruption in the use of the same by Grantor resulting from Grantee's <br />instalLation in the easement area at any time. <br /> <br />SIGN FOR IDENTIfICATION <br /> <br />
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