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API - AT&T F RIGRT -QF -WAY AGRREMNT 87-106609 AT &T Communications of the Midwest, Inc. (Grantee), and Nebraska Department of Public Institutions (Grantor) agree that: Grantee shall provide an as -built drawing including distances and angles of change of direction so that said buried cable can be accurately located if and when needed. Said drawing shall be provided within 90 days after completion of construction. Grantee shall be given reasonable access to the right of way strip, but, except with the permission of Grantor or Grantor's tenants, Grantee's ingress and egress to right -of -way strip shall be limited to existing lanes or such other areas specified by Grantor or Grantor's tenant. In the event of future subdivision of the property, Grantor will provide Grantee alternative access of like quality to that currently provided to the right -of -way strip. Grantee shall reimburse the tenant farmer for damages caused to crops as a result of construction and for repairs or alterations at any future time as the Grantee continues to use the right -of -way. If at the time such damage occurs, there should be no tenant farmer agreement in force, the payment for damages shall be made to the Department of Public Institutions. Grantee shall bury said cable at a minimum depth of 48 inches. Except to the extent caused by the negligence or willful misconduct of Grantor or Grantor's tenants, agents or assigns, Grantee agrees to indemnify and hold harmless Grantor and Grantor's heirs, successors and assigns against any claims, suits or demands arising from damage or injury to third parties resulting from the negligence or willful misconduct of Grantee or Grantee's agents, employees or contractors (in the course of construction, installation or repair of Grantee's cable or other facilities upon Grantor's lands). Grantee agrees that it shall pay the full cost of any and all damages (including lost income) to any underground utility or service line, structure or any other portion of the communication system of AT &T and its agents, affiliates, or assigns in the right -of -way or land immediately adjoining the right -of -way which may have been encountered or damaged by Grantor or Grantor's tenants, employees, agents or assigns, whether or not the existence of the utility or service line, structure or other portion of the communication system is known to Grantor or Grantor's tenants, employees, agents or assigns. (EXHIBIT 2)