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<br />times remain fully responsible and liable for the pa)1T1ent of the rental, if any, <br />herein specified and for the compliance of all of its other obligations under the <br />terms, provisions, and covenants of this License. <br /> <br />(b) In the event rent is paid annually, Licensor expressly <br />reserves the right to increase the above rental rate on any yearly anniversary <br />date of this license by giving Licensee thirty (30) days' written notice. Licensor <br />may increase the rental by the percentage that the Consumer Price Index has <br />increased, published by the Department of Labor, since the last rental increase <br />period, or the last anniversary date hereof. <br /> <br />(c) The personal pronouns used herein as referring to Licensee <br />shall be understood so to refer to Licensee whether Licensee be a natural person, <br />a partnership, or a corporation, or any combination thereof. <br /> <br />(d) Any notice herein required to be given by Licensor to Licensee <br />shall be deemed properly given if served upon or delivered to Licensee or his <br />authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at <br />his last known place of business. <br /> <br />(e) No oral promises, oral agreements, or oral warranties shall be <br />deemed a part of this License, nor shall any alteration, amendment, supplement, or <br />waiver of any of the provisions of this License be binding upon either party <br />hereto unless the same be suppl~mented, altered, changed, or amended by an <br />instrument in writing, signed by Licensor and Licensee. <br /> <br />(f) Prior to the commencement of any work on Licensor's right of <br />way, in addition to the notice required above, Licensee or Licensee's contractor <br />shall give five (5) working days' notice to Electra Communications Corporation, <br />herein call ed IIEl ectrall, by contact 1ng the Director, Fiber Systems at P. O. Box <br />10305, Dallas, Texas 75207-0305, telephone number 1-800-441-0223, and until such <br />notification has been properly given and approval received, Licensee shall not <br />commence work on Licensor's right of way. Electra may require inspection pit(s) <br />to be dug at Licensee's sole expense in order to protect Electra's fiber optic <br />communication system. Failure on the part of Licensee to comply with the <br />provisions of this section may, without waiving any other rights of the parties <br />hereto, result in the termination of this License. <br /> <br />(g) This License does not become binding upon licensor until <br />executed by Licensor's vice-president. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this agreement as <br />of the day and year first above written. <br /> <br />MISSOURI-KANSAS-TEXAS RAILROAD COMPANY <br /> <br />By ~-~{7e~~ <br /> <br /> <br />By <br /> <br />Address: <br /> <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br /> <br />Fil e: <br /> <br />T-18970 <br /> <br />-4- <br />