|
PLXg$0112
<br /> Form Approved, AVP.Law
<br />
<br /> EXHIBIT B
<br />
<br /> Section 1. LIMITATION AND SUBORDINATION OF RIGIT'FS GRANTED.
<br />
<br /> (a) The foregoing grant of right is subiect 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 wilhout liability to the Licensee or to any other party for compensation or damages.
<br />
<br /> (b) The foregoing grant is also subject to a~l outstanding superior rights (including those in favor of licensees and lessees of
<br /> the L/censor's property, and others) and the right of the Licensor to renew and extend the same, and is made v4thout covenant of
<br /> title or for quiet enjoyment.
<br />
<br /> Section 2. CONSTRUCTION, lvL~NTENANCE AND OPERATION. t
<br />
<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 v~th
<br /> the requirements of any federal, state or municipal law or regulation, such req,.~rements shall govern on all points of conflict, but
<br /> in all other respects the Specification shall apply.
<br />
<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.
<br />
<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 necesscu7 for the sa/ety of its track or tracks during the time al 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.
<br />
<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.
<br />
<br /> Section 3. NOTICE OF COMMENCEMENT OF WORK.
<br />
<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 (i0) 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 of the Pipeline.
<br />All such work shall be prosecuted diligently to completion.
<br />
<br />Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
<br />
<br /> The Licensee shall be~ 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.
<br />
<br /> plx.cxb Page I of 4 £xhibit B
<br />
<br />
<br />
|