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• Agreement No. I <br /> abandonment of any Facilities installed on the Property. <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 /> (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 /> (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 /> 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 /> of the Facilities on the Property pursuant to this Agreement shall not in any way whatsoever limit j <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 /> 10. Fiber Optics S. st�. The rights granted by this Agreement are subj ect 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 /> 11. Assumption of Risk/Waiver 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 /> (a) Neither Railroad nor any of its directors, officers, agents or employees shall <br /> SamTrans/JPB Standard License Form,Rev.7/03 3 <br /> 1025181.7 <br />