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93. AUDIT WLX.DOC 940204 Form Approved, A VP-Law Folder No: 02086-03 WIRE LINE CROSSING AGREEMENT Mile Post: 208.840, Austin Subdivision/Branch Location: San Marcos, Hays County, Texas TillS AGREEMENT is made and entered into as of June 10,2002, by and between UNION Ci ty of PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") an~SAN MARCOS ELECTRIC UTIUTY, a Texas municipal corporation, to be addressed at 630 E. Hopkins St., San Marcos, Texas 78666 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND NINE HUNDRED EIGHTY DOLLARS ($1,980.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 13,200 volt distribution wireline crossing only (hereinafter the "Wireline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated May 8, 2002, marked Exhibit "A". Under no circumstances shall Licensee modify the use of the Wireline for a purpose other than the above- mentioned, and said Wire line shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article m. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.