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PL X 9t0112 � �
<br /> Farm Ap�vwd. AVP-Lw �
<br /> Section 5.
<br /> a� T� �� ��'e�n 9i'�� � subjec.'t to the r�eeds �d requirements of the licensor in the operation of its rmlroad
<br /> �d in t1�e irnprovemer�t m�d use of its proparty, �d the licensee shall, at the aole e=pense of the licensee, reinforce the
<br /> Pipeline, or mw�e all or �ry portion of the Pipeline to such new location as the Licensor may designate, whenev�er, in the
<br /> further�ce of ita r�eeds �d requirements, tl�e Licensor shall find such action necess�}► or desirable.
<br /> b) All the terrns, conditions �d shpulations herein ezpreased with reference to the Pipeline on properiy of the
<br /> licenaor in the bcation hereinbafore describsd shall, so f� as the Pipeline remmns on the proPert}' aPPt!' to the Pipeline
<br /> as modified, ch��ged or relocated within the contemplation of thia section.
<br /> Section 6. �
<br /> The Pipeline �d all p�ts thereof within �sd outside of the limits of the properiy of the Licenaor �hall be
<br /> constructed �d, at all timea, mmntmned, repcured, renewed �sd opercted in such m�r►er as to cause no interference
<br /> whatsoever with the const�t, continu�ous �sd uninterrupted use of the tracks, property �d facilitiee of the Licensor, �sd
<br /> mthir�g shall be do� or cuffered to be done by the licenaee at �}► time that would in �► m�u�er impmr the s�ety thereof.
<br /> Section 7. PROTECTION OF FIBER OPTIG -A F. �vS'��►S,
<br /> a) Fiber optic cable systems mcy be buried on the licensor'a praperty. Protection of the fiber optic cable syalems
<br /> is of eztreme import�sce since �y brecic could disrupt secvice to users resulting in bu�ine�s intemiption �d loss of
<br /> revenue �d profits. licensee shQll telepho� the licensor at 1-800�336-9193 (a 24-hour number) to determine if fiber optic
<br /> cable is buried �ywhere on the Licensor's premiaes to be used by the licensee. If it is, Licensee will telephone the
<br /> telecommunications comp�y(ies) inw}ved, �r�ge for a cable lxator, make m�r��gements for relocation or other
<br /> protection of the 5ber optic ccble, all at Licensee's ezpense, �d will commence no work on the right of way until a11 such
<br /> protection or relocation has been accomplished. Licensee shall indemnify �d hoid the Licensor h�mless from �d
<br /> agmnst all costs, liability �d espense what8oever (includirsg, without limitatioA attorneys' fees, couri costs �sd ezpenses)
<br /> �ising out of or caused in �}► wcy b�► �ens�e'a fmlure to comply with the pravisions of this pcaagraph
<br /> b) In addition to other indemnity provisions in this Agreemeru, the Licenaee shall indemnifY � hold the Licensor
<br /> h�snless from �d agmnat all coats, liability �d ezpense whatsoever (ir�cluding, without lirnitation, attorneys' fees, court
<br /> costs �d ezpenses) caused by the negligence of the licensee, its contractor, agents �d/or employ�ees, resulting in (1)
<br /> �y d�nage to or destruc�on of �y telecommiu�ications system on Licensor's property, �sd/or (2) �y injury to or death
<br /> of m�y person employed by or on behalf of �y telecomm�icctions ccmp�y, �d/or its contractor, agenta �►d/or
<br /> employeea, on licensor's property, e�ept if such costs, liability or e�enaes m�e cauaed solely by the direct active
<br /> negligence of the Licensor. I.i�censee fiuther agrees that it shall not have or aee1� recourse agmnat Licenaor for �y clmm
<br /> or cause oi action for alleged loss of profits or rev�enue or loss of sernice or other conaequential d�nage to a
<br /> telecommunication compcmy using Licensor's property or a customer or user of servicea of the fiber optic cable on
<br /> licensor's properiy.
<br /> Section 8. Cf ATIu($,�T�Tf� �1FN� �pR Ld�R A1�� I��AZ�tA1 • TAXF4,
<br /> a) The Iicensee shall iully pcy for all n�aterials joir�ed or c�fi�d to �d labor performed upon properiy of the Licenaor
<br /> in connection with the constr�n mmnten��ce, repmr, renew�al, modification or reconstruction of the Apeline, �d shall
<br /> r�ot permit or s�fer �y mech�i,c's or materialm�� lien of �y bnd or r�ature to be enforced agmnst the properiy for �y
<br /> work done or materials fiunished tl�ereon ctt the inst�ce or requeat or on behalf of the Licenaee. The Licensee shcll
<br /> indemnify �d hold h�trileas the Licensor agmnst �d from �}• �d all liens, clmms, dem�ds, costs �sd ezpensea of
<br /> w�atsoever mt�e in �}' wQY connected with or growing out of such w�rY done, labor performed, or materials fumished.
<br /> b) The Licensee ahall promptly pay or disch�ge all t�es, ch�ges �sd cssessments levied upor1 in respect to, or
<br /> on accoimt of the Pipeline, to pnever�t the a�ne �rOm becoming c ch�ge or lien upon properiy of the Licenaor, �sd so that
<br /> the tmoes, cts�ges �d assessments levied upon or in respact to such property shall not be increcsed becauae of the
<br /> location constr�rtion or mmr�ierxaice of the Pipelir�e or �y impravement appli�ce or fizture conr�ected therewith placed
<br /> �on such property, or on account of the Licensee's interest therein. Where such tmc, c}xage or essessment may not be
<br /> sep�YStely rr�de or asaesaed to the L'oenaee but shall be included in the csae�sment of the property of the Licensor, then
<br /> the Licensee ahall pay to the licer�or � equitable proportion of such t�ea detertnined by the value of the Licenaee's
<br /> oroperty upon property of the Licensor as compcaed with the entire value of such property.
<br /> ptxe� Pa�e 2 of 4 E�ibit B
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