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(b) The City shall, at the Licensee's sole expense, modify or move <br />the remaining portion of the Road Crossing and the appurtenances thereto. <br />(2) All the terms of this agreement shall govern the continued maintenance <br />and use of the Road Crossing as modified or relocated pursuant to this section. <br />I. Protection of Fiber Optic Cable Systems. <br />(1) Fiber optic cable systems may be buried on UP's property. The City <br />shall telephone UP at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is <br />buried anywhere on UP's premises to be used by the City. If it is, the City will telephone the <br />telecommunications company(ies) involved, arrange for a cable locator, and make <br />arrangements for relocation or other protection of the fiber optic cable prior to beginning any <br />work on UP's premises. <br />(2) In addition to the liability terms elsewhere in this Agreement, the City <br />shall indemnify and hold UP harmless against and from all cost, liability, and expense <br />whatsoever (including, without limitation, attorneys' fees and court costs and expenses) <br />arising out of or in any way contributed to by an act or omission of the City, its contractor, <br />agents and/or employees, that causes or in any way or degree contributes to (1) any damage <br />to or destruction of any telecommunications system by the City, and/or its contractor, agents <br />and/or employees, on UP's property, (2} any injury to or death of any person employed by or <br />on behalf of any telecommunications company, and/or its contractor, agents and/or of service <br />by a customer or use of, such telecommunication company(ies). <br />J. Removal of Road Crossing. <br />(1) Upon termination of the agreement howsoever, UP shall, at the sole <br />expense of the City, remove said Road Crossing and restore the premises of UP to a condition <br />comparable to that existing immediately prior to the construction of said Road Crossing. <br />8 <br />