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<br />~ ID3~ <br /> <br /> <br /> <br /> <br /> <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 /> <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 /> <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 formal billing, you <br />may consider this Letter Agreement as a formal bill. <br /> <br />Please return a fully executed copy of this Letter Agreement. <br /> <br /> <br />~~ P ACmC RAILROAD COMPANY <br /> <br /> <br />By ~~ C . Crr L..-C: t~1t.-vl <br />U DIRECTOR - CONTRACTS Ú' <br /> <br /> <br />elf fq¡:ego~g Letter Agreement ¡, """",red, approved '"" executed on (h¡, j L{~ day of <br />~ , 199~. . <br /> <br /> <br />WTINESS: , ~ CITY OF SAN MARCOS <br /> <br />cP/, . <br />X I ~ M'" oj( Otr'W y/ By y". - , " ¿,j!, <br /> <br />/ i Title: \J '-' <br /> <br />If you have any questions regarding this letter please contact JoanM. Preble at (402) 271-2336. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />extltr.doc Page 2 of2 February 6, 1995 <br />