Res 2000-171 - Laserfiche WebLink

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PLX9&OU2 FOfm Afpoved, A VP.Law EXHIBIT B Section 1. UMlTATION AND SUBORDINATION OF RIGHTS GRANTED. a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Ucensor to use and maintain its entire property iD:luclinJ the right and power of the Ucensor to construct. maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal. communication. fiber optics, or other wirelines, pipelines and other 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 Ucensor without liability to the Ucensee or to any other party for compensation or damages. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and ssees of the Ucensor's property, and others) and the right of the Ucensor to renew and extend the same, and is made ..ithout covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAIN1'ENANCEAND OPERATION. a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Ucensee in strict confonnitywith Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amermnents thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Ucensor's Vice President-Engineering Services. In the event such Specification conflicts in anyreapect with the requirements of any federal state or municipal law or regulation. such requirements shall govern on all points of conflict. but in all other respects the Specification shall apply. b) All work performed on property of the Licensor in connection with the construction. maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Ucensor. c) Prior to the commencement of any work in connection with the construction. maintenance, repair, renewal, modification. relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Ucensee shall submit to the Ucensor plans setting out the method and manner of handling the work. including the shoring and cribbing, if any, required to protect the Ucensor's operations, and shall not proceed with the work until such plans have been approved by the VlC8 President-Engineering Services of the Ucensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The Ucensor shall have the right. if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification. relocation. reconstruction or removal of the Pipeline, aOO. in the event the Licensor provides such support. the licensee shall pay to the Ucensor, within fifteen aS) days after biI1s slxrl1 have been rendered therefor, all expense incurred by the Ucensor in connection therewith. which expense . cdl include all assignable costs. The licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMF.N'J' OF WOR!(. If an emergency should arise requiring immediate attention. the Ucensee shall provide as much notice as praclicable to Ucensor before commencing anyworlc. In all other situations, the Ucensee shall notify the Ucensor at least ten (10) days (or such other time as the Ucensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction. maintenance, repair, renewal, modification. reconstruction. relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. IlCENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction. maintenance, repair arxi renewal and any and all modification. revision. relocation. removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Ucensor in cormection therewith for supervision. inspection. flagging, or otherwise. p1x.exb P..lof4 Exhibit B