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f <br /> Agreement No. • <br /> and the Facilities in good and safe condition, free from waste, so far as affected by Licensee's <br /> operations to the reasonable satisfaction of Railroad. If, after installation of the Facilities, <br /> Licensee fails to keep the Property and the Facilities in good and safe condition, free from waste, <br /> then Railroad may perform the necessary work at the expense of Licensee, which expense <br /> Licensee agrees to pay to Railroad upon demand. <br /> 3. License Fee. Licensee shall pay to Railroad a license processing fee of$700. <br /> 4. Service A�reement. In the event Licensee performs work that causes Railroad to <br /> perform services or furnish materials to Licensee, Railroad may require Licensee to enter into a <br /> Service Agreement. Any costs incurred under this Section shall be in addition to those due under <br /> Section 3. <br /> 5. Work Procedures. All Work performed by Licensee shall be performed in <br /> accordance with the Railroad's Work Procedures described in the attached Exhibit C-land <br /> Railroad's Operating Systems Interface, as described in the attached Exhibit C,both of which are <br /> attached to this Agreement and incorporated into it by this reference. <br /> 6. Condition to Effectiveness. As a condition precedent to the effectiveness of this <br /> Agreement, Licensee shall have paid any license processing fee indicated in Section 3, made any <br /> deposit indicated in Section 4 above and provided to Railroad insurance certificates that provide <br /> evidence that Licensee has the kinds of insurance described in Exhibit C-2, which is attached to <br /> this Agreement and incorporated into it by this reference. <br /> 7. Nonexclusiveness of License. This License is nonexclusive and nonpossessory. <br /> Licensee must allow access to the Property by other parties possessing prior rights, unless <br /> separate arrangements are made with such parties. <br /> 8. Prior Ri�hts. This License is made subject and subordinate to the prior and <br /> continuing right and obligation of Railroad, its successors and assigns, to use the Right-of-Way <br /> in the performance of its transportation operations. There is reserved unto Railroad, its <br /> successors and assigns, the right to construct, reconstruct, maintain and use existing and future <br /> facilities and appurtenances, including, without limitation, existing and future transportation, <br /> communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under, <br /> across and along the Right-of-Way. This grant is made subject to all licenses, leases, easements, � <br /> restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the <br /> Right-of-Way. The word"grant" shall not be construed as a covenant against the existence of <br /> any of these or establish any ownership interest in the Right-of-Way. <br /> 9. Term of License. The term of this License shall commence upon the start of the <br /> Work upon the Property and shall continue until this License is terminated or suspended as set <br /> forth herein: � <br /> (a) Either art ma terminate this A eement without cause b ivin 30 <br /> p Y Y �' Y g g <br /> calendar days written notice. <br /> (b) Railroad may immediately terminate the License by notice to Licensee upon ' <br /> Licensee's discontinuance of the use of the Facilities for one continuous year or the <br /> SamTrans/JPB Standard License Form,Rev.7/03 2 <br /> 1025181.7 <br />