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<br /> <br />Agreement No. <br /> <br />abandonment of any Facilities installed on the Property. <br /> <br />(c) Railroad may immediately suspend the License by notice to Licensee if <br />Licensee defaults with respect to any covenant or condition of this Agreement and Licensee fails <br />to correct the default within 30 days after receipt of notice from Railroad to do so. <br /> <br />(d) Railroad may immediately terminate or suspend this License by notice to <br />. Licensee upon any failure of Licensee to reimburse Railroad for any amount owing as and when <br />due as provided any agreement with Railroad. <br /> <br />(e) The License shall lapse and become void if the Work is not commenced <br />within one year of the date of this Agreement. <br /> <br />Upon suspension of the License, Licensee shall immediately vacate the Property and refrain from <br />entering onto it until the License is reinstated in writing by Railroad. Upon termination of the <br />License for any reason established in this Section 9, Railroad may, at its sole election, at any <br />time thereafter either complete the Work or remove the Facilities from the Property or any <br />portion thereof and restore the Property to its original condition, at Licensee's sole cost and <br />expense. Licensee acknowledges and agrees that the performance of the Work or the installation <br />oJ the Facilities on the Property pursuant to this Agreement shall not in any way whatsoever limit <br />Railroad's right to terminate this License pursuant to the terms hereof or any of Railroad's rights <br />hereunder. Licensee's indemnity obligations set forth in Sections 11, 12 and 13 shall survive <br />termination of this License for any reason. <br /> <br />10. Fiber Optics Systems. The rights granted by this Agreement are subject to the <br />rights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct, <br />maintain and operate fiber optic and other telecommunications systems ("Systems") in, upon, <br />along, across and beneath the Right-of-Way, including the Property upon which the Work shall <br />be conducted. Licensee agrees to reimburse Railroad and/or the owner of the systems for all <br />expenses which would not have been incurred except by reason of the use of the Property by <br />Licensee, its agents, employees or invitees, including relocation costs or any damages incurred <br />by such owner due to injury to the Systems. <br /> <br />11. Assumption of Risk/W aiver of Claims. Licensee shall assume all risk of damage <br />to any and all improvements constructed as part of the Work and appurtenances and to any other <br />property of Licensee, or any property under the control or custody of Licensee while upon or <br />near the Property of Railroad incident to the performance of the Work, caused by or contributed <br />to in any way by the construction, operation, maintenance or presence of Railroad's operations at <br />the Property and Railroad shall not be liable therefor. Licensee hereby releases Railroad from <br />any liability, including any claims for damages or extra compensation (i) arising from <br />construction delays due to work by Railroad forces or Railroad operations, (ii) as the result of the <br />failure or inability of Railroad to provide necessary flaggers or inspectors, (iii) due to the <br />presence of Hazardous Materials on the Property, (iv) any failure by Railroad to investigate or <br />identify the presence of such materials, (v) for work done by Railroad forces, or (vi) for Railroad <br />operations. <br /> <br />(a) Neither Railroad nor any of its directors, officers, agents or employees shall <br /> <br />SamTrans/lPB Standard License Form, Rev. 7/03 <br /> <br />3 <br /> <br />1025181.7 <br />