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PLX9901A
<br />Form Approved, AVPJAW
<br />EXMIT B
<br />Section 1. i IMITATION AND SUBORDINATION OF RIGHTS A
<br />a) The foregoing grant of right is subject and subordinate to the prior and continuing right aril obligation of the
<br />licensor to use and maintain its entire property including the right and power of the Licensor to construct maintain, repair,
<br />renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines,
<br />pipelines and other facilities upon along or across any or all penis of its property, all or any of which may be freely done
<br />at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages.
<br />b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
<br />lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made
<br />without covenant of title or for quiet enjoyment.
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<br />a) The Pipeline shall be constructed, operated, maintained repaired, renewed, modified and/or reconstructed by
<br />the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November
<br />1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except
<br />as may be modified and approved by the Licernsor's Vice President -Engineering Services. In the event such Specification
<br />conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall
<br />govern on all points of conflict but in all other respects the Specification shall apply.
<br />b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal,
<br />modification or reconstruction of the Pipeline shall he done to the satisfaction of the Licensor.
<br />C) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal,
<br />modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or
<br />tracks of the licensor, the Licensee shall submit to the licensor plans setting out the method and manner of handling the
<br />work including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with
<br />the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work
<br />shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The licensor
<br />shall have the right if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks
<br />during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
<br />Pipeline, and, in the event the licensor provides such support, the licensee shall pay to the Licensor, within fifteen (15) days
<br />after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense
<br />shall include all assignable costs.
<br />d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with
<br />the adjacent surface of the ground.
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<br />If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as
<br />practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least
<br />ten (10) days (or such other time as the licensor may allow) in advance of the commencement of any work upon property
<br />of the Licensor in connectionwith the construction, maintenance, repair, renewal, modification, reconstruction, relocation
<br />or removal of the Pipeline. All such work shall be prosecuted diligently to completion.
<br />The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance,
<br />repair and renewal and any and all modification, revision, relocation removal or reconstruction of the Pipeline, including
<br />any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging,
<br />or otherwise.
<br />pkexb Pap 1 uf4 Exhibit H
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