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<br />PL X 980112
<br />Form Approved, A VP-Law
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<br />EXHIBIT B
<br />
<br />Section 1.
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<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br />
<br />(a) The foregomg grant of nght IS subJect and subordmate to the pnor and contmuing nght and
<br />obl1gatIon of the LIcensor to use and mamtain its entIre property includmg the right and power of the
<br />LIcensor to construct, mamtam, repair, renew, use, operate, change, modIfy or relocate raIlroad tracks,
<br />signal, commumcatIon, fiber optIcs, or other wirelines, pIpehnes and other facilitIes upon, along or across
<br />any or all parts of ItS property, all or any of which may be freely done at any tIme or times by the Licensor
<br />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
<br />hcensees and lessees of the LIcensor's property, and others) and the nght of the LIcensor to renew and
<br />extend the same, and is made without covenant of tItle or for qUIet enjoyment.
<br />
<br />Section 2.
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<br />CONSTRUCTION. MAINTENANCE AND OPERATION.
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<br />(a) The Pipelme shall be constructed, operated, maintained, repaired, renewed, modIfied and/or
<br />reconstructed by the LIcensee in strIct conformity with Union Pacific Railroad Co. Common Standard
<br />SpecIficatIon 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
<br />by this reference IS hereby made a part hereof, except as may be modified and approved by the Licensor's
<br />VIce President-Engmeenng ServIces. In the event such SpecificatIon conflicts In any respect WIth the
<br />reqUIrements of any federal, state or muniCIpal law or regulatIon, such reqUIrements shall govern on all
<br />pomts of conflIct, but m all other respects the Specification shall apply.
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<br />(b) All work performed on property of the LIcensor In connection WIth the construction,
<br />maintenance, repaIr, renewal, modificatIOn or reconstruction of the PIpeline shall be done to the
<br />satIsfactIon of the LIcensor.
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<br />(c) Pnor to the commencement of any work m connectIOn with the construction, mamtenance, repair,
<br />renewal, modIficatIon, relocatIon, reconstruction or removal of the PIpehne where it passes underneath
<br />the roadbed and track or tracks of the LIcensor, the LIcensee shall submit to the Licensor plans setting out
<br />the method and manner of handling the work, including the shOrIng and cribbmg, if any, required to
<br />protect the LIcensor's operatIons, and shall not proceed with the work until such plans have been
<br />approved by the Vice PresIdent-Engmeering Services of the Licensor and then the work shall be done to
<br />the satIsfactIOn of the Vice President-Engmeenng Services or his authorized representatIve. The LIcensor
<br />shall have the nght, If It so elects, to provIde such support as it may deem necessary for the safety of ItS
<br />track or tracks dunng the time of construction, maintenance, repaIr, renewal, modification, relocation,
<br />reconstructIOn or removal of the PIpeline, and, m the event the Licensor prOVIdes such support, the
<br />LIcensee shall pay to the Licensor, wIthm fifteen (15) days after bills shall have been rendered therefor, all
<br />expense mcurred by the LIcensor III connectIon therewith, whIch expense shall include all assignable
<br />costs.
<br />
<br />(d) The Licensee shall keep and maIntam the soil over the Pipeline thoroughly compacted and the
<br />grade even with the adjacent surface of the ground.
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<br />plx.exb
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<br />Exhibit B
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