|
PLX9YOla2 �G �
<br /> Form Appvwd AVP-Lw
<br /> J.��
<br /> Section 1. LIMITAITON AND SLIBORDINATION OF RGHTS GRA�?.
<br /> a) The foregoing gr�t of right is subject �d subordinate to the prior �d continuiryg right �rd obligation of the
<br /> licensor to use �d �n its entire properiy ir�ch�dir� the right �d power of the Licensor to con�truct mmntmn, repmr,
<br /> renew, use, operate, cls��ge, modify or relocate rmlroad tracka, sigrlal communication, fiber optics, or other wirelines,
<br /> pipelinea �d other facilities upor� along or across �}► or cll p�ts of its proporiy, cll or �y of which may be freely done
<br /> at �y time or times by the Licensor without liability to the Licer�ee or to �}► other p�ty for compensation or d�nagea.
<br /> b) The foregoing gr�t is also aubject to cll outst�ding auperior rights (includi� thoae in favor of licensees �d
<br /> lessees of the Licensor's properiy, �d others) m�d the right of the Licenaor to renew �d e:terrd the s�ne, �d is made
<br /> without covenm�t of title or for quiet enjoyment.
<br /> Section 2.
<br /> a) The Pipeline shall be constru�cted, operated. mmntmned, repmred, renevved, modified �d/or reconstru�cted hy
<br /> the Licensee in s�ict coriformity with Union Pacific Rmlroad Co. Common St�d�ci Specification 1029 adopted November
<br /> 1949, �d all �nendments thereof �d suppleraents thereto, which by this reference is hereby made a pcat hereof, e�ocept
<br /> as maY be modified �d appmeed by the Licensor's Vice President-Engir�eering Services. In the ev�ent such Specification
<br /> conflicts in �Y respect with the req�+amer�ta of �y► federal, state or municipal law or regulation auch requirements shall
<br /> govern on all points of conflict but in all other respects the Speclfication shQll apply.
<br /> b) All work perforrried on property of the Licensor ui conr►ection with the construction, mmnten��ce, repmr, renewai,
<br /> modification or reconstruction of the Pipeline shall be done to the sadisfaction of the licensor.
<br /> c) Prior to the commencement of �}► work in coruiection with the construction, mmnter�ce, repmr, renewc:l,
<br /> modification, relxation, reconstrwction or remoroal of the Pipeline wh�re it pasaes underneath the roadbed �d track or
<br /> tracl� of the Licensor, the licensee shall submit to the Licensor pl�s settir�g out the method �d m�r�er of h�dlirig the
<br /> work, including the shoring �d cribbing, if �y, required to protect the Licensor's operations, �d shall not proceed with
<br /> the work t�#il such pl�s have been appro�ed by the Vice A+ea�i�cierit-Fr�gitieerit� Services of the Licensor �d then the work
<br /> shc11 be done to the satisf�ction of the Vice President-Engineering Services or his authorized representativ�e. The Licensor
<br /> shall have the right if it so elect8, to pr�o�vide su�ch support as it may deem necessmy for the safety of its track or traclrs
<br /> diuing the time of construction, mmntets�ice, repmr, renewcl, moditication, relocation, reconstruction or removal of the
<br /> Pipeline. �d, in the eeent the licenaor pravicl�ea auch support, the licensee shall pay 10 the Licensor, within fifteen (15) days
<br /> �ter bdlls shall l�av�e been rerrdered therefor, all ezpense incurreci by the Licensor in connection therewith, which ezpense
<br /> shall include all csaignable co4ts.
<br /> d) The licensee ahall keep �d mmntmn the soil rnrer the Pipeline thoroughly compacled �d the grade even with
<br /> the adjacent surface of the grourid.
<br /> Section 3.
<br /> If � emergency► should �ise requiring immediate atfention, the Licensee shall pravide as much mtice Qs
<br /> pr�ctica�e to licer�' before commenciryg �y w�rk. In clt other situations, the Licenaee shall notify the Licer�aor at least
<br /> ten (10) days (or such other time as the licensor may allow) in adv��ce of the commencemeni of �}+ work upon property
<br /> of the L�censor in coru�ection with the construction, mmnter�ce, repmr, renewal, modificadion, reconstru�ction, relocation
<br /> or removal of the Pipeline. All such work shall be prosecuted diligently to completion.
<br /> Section 4. ? TCENSF� TO BEnR ENR'II�F. �ENSE.
<br /> The Licensee shall be� the entire cost m�d ezpense incurred in contrection with the construction, mmnterr�ce,
<br /> rep�' �d renewal �d �y �d all modification, revision, relxation, remaval or reconstruction of the Pipeline, including
<br /> �y �ci Qll e�ense which may be incurred by the Licensor in conryection therewith for supervision, inspection, flagging,
<br /> or otherwise.
<br /> P�� Pa�ee 1 af 4 E�it B
<br />
|