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TRACT NO. F1 73HAOO 1 B 88- 101381 ADDENDUM ADDENDUM TO RIGHT-OF-WAY GRANT between Delicious Foods Co. , and AT&T Communications of the Midwest, Inc., dated 3-8-88 covering land located in Section 4 Township 11 North, Range 9 West, Hall County, NebLaska. Grantor shall not be liable to Grantee for accidental damage to Grantee's cable or other facilities or loss of revenue occurring in the course of excavating or digging in or about the easement area, provided that Grantor has done all of the following: (a) notified Grantee at least 24 hours to excavating or digging within 5 feet of the permanent easement strip; (b) permitted Grantee's representative to enter Grantor's lands to locate the cable or other facilities, and permitted Grantee's representative to be present during the digging and excavation, and (c) has avoided excavating or digging directly where Grantee's representative has identified the cable or other facilities to be located, or, if that is not feasible, followed Grantee's representative's reasonable suggestions (such as hand excavation) to avoid damage to the cable or other facilities. The notice required under (a) above may be given directly to Grantee by calling (toll-free or collect) at (800) 328-6039 or such other replacement number provided by Grantee or Grantor. Grantor reserves the right to cross said easement with roads, driveways, field tile and other utilities, including water, electricity, gas and sewer lines. subject, however, to the following: (a) Grantor and its agents and contractors shall at all times exercise reasonable care to prevent damage to Grantee's cable or other facilities, and (b) Grantor shall give Grantee not less than ~ day notice prior to engaging in any construction activities within 5 feet of the easement strip, so as to permit Grantee to locate its cable or other facilities, and Grantor shall permit Grantee to have a representative present during any such activities. Grantee shall use all reasonable care and dispatch in the installation, maintenance, repair and replacement of all installations in the easement area, and shall restore the easement area to substantially the same con- dition as it was at the time of said installation, repair or replacement. Grantee shall notify Grantor at its Grand Island Plant at least 24 hours prier to any construction, installation or replacement of any communi- cations system in the easement area so that Grantor can have an agent or representative present during the period of construction, repair or replacement of any communications system by the Grantee except for emerge~cie5. -.1;;"-! ',,:----. - Grantee agrees not to construct above-ground lines or structures upon said easement strip except for markers at fence lines and property lines. ~__._~i' SIGN FOR IDENTIFICATION ~? ./ ~1 ---? ~ ,~. .L/ ~ I e lcious' Dds Co.