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Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
<br />Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable
<br />systems is of extreme importance since any break could disrupt service to users resulting in business
<br />interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE
<br />OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall
<br />telephone Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through
<br />Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to
<br />determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is,
<br />Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator,
<br />make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense,
<br />and will not commence any work on Railroad Property until all such protection or relocation has been
<br />completed.
<br />Section 7. LICENSEE'S PAYMENT OF EXPENSES.
<br />A. Licensee shall bear the entire cost and expense of the design, construction, maintenance,
<br />modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.
<br />B. Licensee shall fully pay for all materials joined, affixed to and labor performed on
<br />Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair,
<br />renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any
<br />mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work
<br />done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall
<br />promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of
<br />Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor,
<br />and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be
<br />increased because of the location, construction, or maintenance of Licensee's Facilities or any
<br />improvement, appliance, or fixture connected therewith placed upon such property, or on account of
<br />Licensee's interest therein. Where such tax, charge, or assessment may not be separately made or assessed
<br />to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to
<br />Licensor an equitable proportion of such taxes determined by the value of Licensee's property upon
<br />property of Licensor as compared with the entire value of such property.
<br />C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right,
<br />if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's
<br />operations and trackage during Licensee's or its contractor's construction, maintenance, modification,
<br />reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not
<br />limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety
<br />Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the
<br />"NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such
<br />invoice within thirty (30) days of Licensee's receipt of such invoice.
<br />Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.
<br />A. This grant is subject to Licensor's safe and efficient operation of its railroad, and
<br />continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly,
<br />Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove
<br />(individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities
<br />as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.
<br />REV: 02-19-21 RL
<br />ATTY/AGR.2021.037/UPRR (Sobrato Recycled Water Main Crossing) (Page 10 of 15)
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