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<br />, <br /> 3~A <br /> - <br />damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any <br />person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on <br />Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for <br />alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company <br />using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. <br />This Letter Agreement, is supplemental to the Basic Agreement, and nothing herein contained shall be <br />construed as amending or modifying the same, except as herein specifically provided. Please execute this letter <br />indicating your acceptance and return one copy to me. <br />Fees are due and payable upon your execution of the Letter Agreement. Please include your payment with the <br />return of a fully executed copy. This Letter Agreement will not be considered effective by the Licensor until we receive <br />both the fully executed duplicate original of this Letter Agreement and the payment. If you require fonnal billing, you <br />may consider this Letter Agreement as a fonnal bill. <br />Please return a fully executed copy of this Letter Agreement. <br /> MISSOURI PACIFIC RAILROAD COMPANY <br /> ~¿~ . <br />The foregoing Letter Agreement is accepted, approved and executed on this d. ~ RO day of <br />m CÀ 'j , 199.-k.-. <br />WITNESS: CITY OF SAN MARCOS, TEXAS <br />X ~ wYl~y(.;fi ~,PI. / By7~n~/ /I/y¡¿~ <br />jI Title: 0 <br />If you have any questions regarding this letter please contact Joan M. Preble at (402) 271-2336. <br />extltr.doc Page 2 of2 April 25, 1996 <br />