|
Pipeline Crossing 06/05/18
<br />Form Approved, AVP Law
<br />EXHIBIT B
<br />GENERAL TERMS AND CONDITIONS
<br />Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br />A. The foregoing grant is subject and subordinate to the prior and continuing right and
<br />obligation of Licensor to use and maintain its entire property including the right and power of Licensor
<br />to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal,
<br />communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any
<br />or all parts of its property, all or any of which may be freely done at any time or times by Licensor
<br />without liability to 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
<br />in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend
<br />the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole
<br />obligation to obtain such additional permission, license and grants necessary on account of any such
<br />existing rights.
<br />Section 2. ENGINEERING REQUIREMENTS; UIREMENTS• PERMITS.
<br />A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired,
<br />renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee
<br />or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor's current
<br />engineering standards and specifications, including those for shoring and cribbing to protect Licensor's
<br />railroad operations and facilities ("UP Specifications"), except for variances approved in advance in
<br />writing by Licensor's Assistant Vice President Engineering — Design or its authorized representative
<br />("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole
<br />discretion, elects to require, including, without limitation, American Railway Engineering and
<br />Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional
<br />Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal
<br />Railroad Administration and Federal Energy Regulatory Commission regulations and enactments
<br />(collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements,
<br />and Laws, the most restrictive will apply.
<br />B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and
<br />maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.
<br />C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all
<br />necessary permits required to perform any work on Licensee's Facilities.
<br />Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.
<br />A. Licensee and its contractors are strictly prohibited from commencing any work
<br />associated with Licensee's Facilities without Licensor's written approval that the work will be in strict
<br />compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon
<br />Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field
<br />Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.
<br />B. Licensee shall not commence any work until: (1) Licensor has determined whether
<br />flagging or other special protective or safety measures ("Safety Measures") are required for performance
<br />of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written
<br />Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 N. (402) 501-0340
<br />
|