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•Form C-1 Approved as to form by General Counsel ald May 7, 1993 Rev. 04/23/92 L-17.9 •5 (2-5-96) Page 2 of 5 struct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transporta- tion, communication (including fiber optic telecommunication systems) and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. S. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said structure upon said property. Grantee, its agents and employees, subject to the provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure provided that: (a) Grantee shall give Railroad's division superintendent at least five (5) days' written notice prior to commencement of any work on said structure except emergency repairs in which event, Grantee shall notify Railroad's authorized representative by phone; and (b) Grantee, at least five (5) days prior to performing any digging activities on the premises of Railroad, must call 1-800-AT- FIBER (available 24 hours) to receive a Qwest Communications Corporation control number. Grantee will be advised if a telecommunications system is buried anywhere on or about the premises of Railroad in the location where Grantee will perform such digging activities. If there is a telecommunications system, Grantee will be advised as to the owner of the telecommunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the telecommunications system is required prior to beginning any work on the premises of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the