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<br />DPI --AT&T <br />RIGJIT-OF-WAY AGREEMENT <br /> <br />RE.RECORDEB <br />88- 101882 <br />87-10660Q <br /> <br />AT&T Communications of the Midwest, Inc. (Grantee)) and Nebraska Department <br />of Public Institutions (Grantor) agree that: <br /> <br />Grantee shall provide an as-built drawing including distances and <br />angles of change of direction so that said buried cable can be <br />accurately located if and when needed. Said drawing shall be <br />provided within 90 days after completion of construction. <br /> <br />Grantee shall be given reasonable access to the right of way strip, <br />but, except with the permission of Grantor or Grantor's tenants, <br />Grantee's ingress and egress to right-Of-way strip shall be limited <br />to existing lanes or such other IlreRS specified by Grantor or <br />Grantor's tenant. In the event of future subdivision of the <br />property, Grantor will provide Grantee nlternative access of like <br />quality to that currently provided to the right-of-way strip. <br /> <br />Grantee shall reimburse the tenant farmer for damages caused to <br />crops as a result of construction and for repairs or alterations at <br />any future time as the Grantee continues to use the right-of-way. <br />If at the time such damage occurs, there should be no tenant farmer <br />agreement in force) the payment for damages shall be made to the <br />Department of Public Institutions. <br /> <br />Grantee shall bury said cable at a minimum depth of 48 inches. <br /> <br />Except to the extent caused by the negligence or willful misconduct <br />of Grantor or Grantor's tenants, agents or assigns, Grantee agrees <br />to indemnify and hold harmless Grantor and Grantor's heirs, <br />successors and assigns against any claims, sui~s or demands arising <br />from damage or injury to third parties resulting from the <br />negligence or willful misconduct of Grantee or Grantee's agents, <br />employees or contractors (in the course of construction, <br />installation or repair of Grantee's cable or other facilities upon <br />Grantor's lands). <br /> <br />Grantee agrees that it shall pay the full cost of any and all <br />damages (including lost income) to any underground utility or <br />service line, structure or any other portion of the communication <br />system of AT&T and its agents) affiliates, or assigns in the <br />right-of-way or land immediately adjoining the right-Of-way which <br />may have been encountered or damagp.d by Grantor or Grantor's <br />tenants, employees, agents or assigns, whether or not the existence <br />of the utility or service line, structure or other portion of the <br />communication system is known to Grantor or Grantor1s tenants I <br />employees, agents or assigns. <br /> <br />(EXHIBIT 2) <br /> <br />).. <br />\. <br /> <br />L <br />