|
<br />the safety of its track or tracks during the time of construction, maintenance, repair, renewal,
<br />modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor
<br />provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills
<br />shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith,
<br />which expenses shall include all assignable costs.
<br />
<br />D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the
<br />grade even with the adjacent surface of the ground.
<br />
<br />Section 3.
<br />
<br />NOTICE OF COMMENCEMENT OF WORK.
<br />
<br />If an emergency should arise requiring immediate attention, the Licensee shall provide as much
<br />notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall
<br />notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the
<br />commencement of any work upon property of the Licensor in connection with the construction,
<br />maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All
<br />such work shall be prosecuted diligently to completion.
<br />
<br />Section 4.
<br />
<br />LICENSEE TO BEAR ENTIRE EXPENSE.
<br />
<br />The Licensee shall bear the entire cost and expense incurred in connection with the construction,
<br />maintenance, repair and renewal and any and all modification, revision, relocation, removal or
<br />reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in
<br />connection therewith for supervision, inspection, flagging, or otherwise.
<br />
<br />Section 5.
<br />
<br />REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE.
<br />
<br />A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and
<br />efficient operation of its railroad and in the improvement and use of its property. The Licensee
<br />shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all
<br />or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's
<br />property, as the Licensor may designate, whenever, in the furtherance of its needs and
<br />requirements, the Licensor, at its sole election, finds such action necessary or desirable.
<br />
<br />B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on
<br />property of the Licensor in the location hereinbefore described shall, so far as the Pipeline
<br />remains on the property, apply to the Pipeline as modified, changed or relocated within the
<br />contemplation of this section.
<br />
<br />Section 6.
<br />
<br />NO INTERFERENCE WITH LICENSOR'S OPERATION.
<br />
<br />The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor
<br />shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to
<br />cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks,
<br />property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at
<br />any time that would in any manner impair the safety thereof.
<br />
|