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<br />fL X 980112 <br />Form Approved, A VP-Law <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 operation of its railroad and <br />in the improvement and use of its property. and the Licensee shall. at the sole expense of the Licensee, reinforce the Pipeline, or <br />move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its <br />needs and requirements, the Licensor shall find such action. necessary or desirable. <br /> <br />(b) All the terms. conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in <br />the location hereinbefore described shall, so far as the Pipeline remains on the property. apply to the Pipeline as modified. <br />changed or relocated within the 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 shall be constructed and, <br />at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, <br />continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and I}othing shall be done or suffered to be <br />done by the Licensee at any time that would in any manner impair the safety thereof. t <br /> <br />Section 7. <br /> <br />PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br /> <br />(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of <br />extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and <br />profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried <br />anywhere on the Licensor's premises to be used by the Licen.see. If it is. Licensee will telephone the telecommunications <br />company(ies) involved, arrange for a cable locator. make arrangements for relocation or other protection of the fiber optic cable. <br />all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been <br />accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense <br />whatsoever (including. without limitation, attorneys' fees. court costs and expenses) arising out of or caused in any way by <br />Licensee's failure to comply with the provisions of this paragraph. <br /> <br />(b) In addition to other indemnity provisions in this Agreement. the Licensee shall indemnify and hold the Licensor harmless <br />from and against all costs, liability and expense whatsoever (including. without limitation, attorneys' fees, court costs and expenses) <br />caused by the negligence of the Licensee, its contractor, agents and/or employees. resulting in (I) any damage to or destruction <br />of any telecommunications system on Licensor's property. and/or (2) any injury to or death of any person employed by or on behalf <br />of any telecommunications company, and/or its contractor, agents and/or employees. on Licensor's property, except if such costs. <br />liability or expenses are caused solely by the direct active negligence of the licensor. licensee further agrees that it shall not have <br />or seek recourse against licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other <br />consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber <br />optic cable on licensor's property. <br /> <br />Section 8. <br /> <br />CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES. <br /> <br />(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in <br />connection with the construction, maintenance. repair, renewal, modification or reconstruction of the Pipeline. and shall not permit <br />or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or <br />materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold <br />harmless the Licensor against and from any and all liens. claims, demands, costs and expenses of whatsoever nature in any way <br />connected with or growing out of such work done. labor performed. or materials furnished. <br /> <br />(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon. in respect to. or on account <br />of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor. and so that the taxes, charges <br />and assessments levied upon or in respect to such property shall not be increased because of the location, construction or <br />maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on <br />account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the <br />Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an <br />equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared <br /> <br />plx.exb <br /> <br />Page 2 of4 <br /> <br />Exhibil B <br />