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PL X950112
<br /> Form Approved, AVP-Law
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<br /> Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE.
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<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.
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<br /> (b) All the terms, conditions and stipulations herein expressed wi~h 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.
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<br /> Section 6. NO INTERFERENCE WiTH LICENSOR'S OPEI:~TION.
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<br /> The Pipeline and all parts thereol within and outside of the limits of the property of the Licensor shall be constructed and,
<br /> at ali times, maintc~.ed, 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 q.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.
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<br /> Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
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<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 teIephone 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 Licensee. If it ts. Licensee will telephone the telecommunications
<br /> company(les) involved, re'range for a cable locater, make cn'rangements 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 w<:~/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 ou~ of or caused in any way by
<br /> Licensee's failure to comply with the provisions of this paragraph.
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<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 (1) any dcn'nage to or destruction
<br />of cmy 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 telecommuaications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs,
<br />liability or expenses are ccrused 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.
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<br />Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
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<br />(a) The Licensee shall fully pay for all materials ioined 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, <:nad 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.
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<br />(b) The Licensee shall promptly pay or discharge =11 taxes, charges and assessments levied upon, in respect to, or on account
<br />of the Pipeline. to prevent the scn'ne from becoming a chon'ge 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 I. Jcensee's interest therein. Where such tax, chon'ge 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
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<br /> pix cxb Page 2 of 4 Exhibit B
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