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AUDIT~\ \Y~L\ 1 PL X&E ROE 940201 Form Approved. A VP-Law Folder No: 833-81 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ~ day of April . 19~ by and between UNION PACIFIC RAILROAD,COMPANY, a Delaware corporation, (hereinafter the "Railroad") and Cherokee Construct1on, Inc. , a , Texas corporation/~, whose address is 11652 Jollyville Rd. Austin, Texas 78759 T (512) 249 71 80 (hereinafter the "Contractor"). RECITALS: The Contractor has been employed by CITY OF SAN MARCOS, TEXAS for the purpose of constructing (hereinafter "work") only a 24" water pipeline crossing on and across property of the Railroad at or near Mile Post 1019.60, Austin Subdivision, near San Marcos, Hays County, Texas. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals hereof and as shown on the attached print dated March 5, 1999, marked Exhibit A, for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article V.