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<br />PL X 980112
<br />Form Approved, A VP-Law
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<br />EXHIBIT B
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<br />Section 1.
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<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
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<br />(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to
<br />use and maintain its entire property including the right and power of the Licensor to construct. maintain, repair, renew, use,
<br />operate, change, modify or relocate railroad tracks, signal. communication, fiber optics, or other wirelines, pipelines and other
<br />facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the
<br />Licensor without liability to the Licensee or to any other party for compensation or damages.
<br />
<br />(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />the licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of
<br />title or for quiet enjoyment.
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<br />Section 2.
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<br />CONSTRUCfION. MAINTENANCE AND OPERATION.
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<br />(a) The Pipeline shall be constructed, operated, maintained, repaired. renewed, modified and/or reconstructed by the
<br />licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and
<br />all amendments thereof and supplements thereto. which by this reference is hereby made a part hereof, except as may be modified
<br />and approved by the licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with
<br />the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict. but
<br />in all other respects the Specification shall apply.
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<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 be done to the satisfaction of the Licensor.
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<br />(c) Prior to the commencement of any work in connection with the construction, maintenance, repair. renewal. modification,
<br />relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the licensor,
<br />the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and
<br />cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been
<br />approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice
<br />President-Engineering Services or his authorized representative. The Licensor shall have the right. if it so elects, to provide such
<br />support as it may deem necessary for 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 provides such support. the
<br />Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the
<br />Licensor in connection therewith, which expense shall include all assignable costs.
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<br />(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the
<br />adjacent surface of the ground.
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<br />Section 3.
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<br />NOTICE OF COMMENCEMENT OF WORK.
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<br />If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable
<br />to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or
<br />such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in
<br />connection with the construction, maintenance, repair. renewal, modification. reconstruction, relocation or removal ofthe Pipeline.
<br />All such work shall be prosecuted diligently to completion.
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<br />Section 4.
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<br />LICENSEE TO BEAR ENTIRE EXPENSE.
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<br />The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair
<br />and renewal and any and all modification. revision, relocation, removal or reconstruction of the Pipeline. including any and all
<br />expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise.
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<br />plx.exb
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<br />Page I of 4
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<br />Exhibit B
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