|
<br />WLX.2XB 980112
<br />Form Approved, A VP-Law
<br />
<br />EXHIBIT B
<br />
<br />:tion 1.
<br />
<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br />
<br />(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor
<br />to 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
<br />the 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
<br />of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without
<br />covenant of title or for quiet enjoyment.
<br />
<br />Section 2.
<br />
<br />CONSTRUCTION, MAINTENANCE AND OPERATION.
<br />
<br />(a) If the Wireline or any part thereof is to be located above the top of the rails of any track or communication and signal
<br />lines, including static wires, overhead clearance provided by the Wireline shall be no less than that shown on Exhibit A. The
<br />Wireline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in
<br />strict conformity with the Specifications prescribed in the current issue of the National Electrical Safety Code of the American
<br />National Standards Institute. In the event such Specifications conflict in any respect with the requirements of any federal, state
<br />or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the
<br />Specifications 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 Wireline shall be done to the satisfaction of the Licensor.
<br />
<br />{,.,\ If the Wireline is an existing one not conforming in its construction to the above provisions of this Section 2, the
<br />msee shall, within ninety (90) days after the date hereof, reconstruct it so as to conform therewith.
<br />
<br />(UI The Wireline shall be constructed, maintained and operated by the Licensee in such manner as not to be or constitute
<br />a hazard to aviation. With respect to the Wireline the Licensee, without expense to the Licensor, will comply with all
<br />requirements of law and of public authority, whether federal, state or local, including but not limited to aviation authorities.
<br />
<br />(e) In the operation of the Wireline, the Licensee shall not transmit electric current at a difference of potential in excess of
<br />the voltage indicated on Exhibit A. If the voltage indicated is in excess of seven hundred fifty (750) volts, and the Wireline is, or
<br />is to be, buried at any location on the property of the Licensor outside track ballast sections or roadbed, the Licensee shall
<br />install metallic conduit, or non.metallic conduit encased in a minimum of three (3) inches of concrete with a minimum of four
<br />(4) feet of ground cover the entire length of the Wireline on the property of the Licensor. A Wireline buried by removal of the
<br />soil shall have, at a depth of one (I) foot beneath the surface of the ground directly above the Wireline, a six (6) inch wide
<br />warning tape bearing the warning, "Danger.High Voltage," or equivalent wording. A Wireline encased in conduit, jacked or
<br />bored under the property of the Licensor, must be identified by placing warning signs, to be installed and properly maintained
<br />at the expense of the Licensee, at each edge of the Licensor's property. The Licensee shall not utilize the signs in lieu of the
<br />warning tape where portions of the casing are installed by direct burial.
<br />
<br />Section 3.
<br />
<br />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 (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 of the
<br />Wireline. All such work shall be prosecuted diligently to completion
<br />
<br />wlx.exb
<br />
<br />Page ] of 4
<br />
<br />Exhibit B
<br />
|