Res 2006-005 - Laserfiche WebLink

Home Browse Search

I I I PL X 980112 Form Approved, A VP-Law Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should anse requlTIng ImmedIate attentIon, the Licensee shall provide as much notice as practIcable to LIcensor before commencmg any work. In all other situations, the LIcensee shall notify the Licensor at least ten (10) days (or such other tIme as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor m connection with the constructIon, mamtenance, repaIr, renewal, modIficatIon, reconstructIon, relocatIOn or removal of the Pipeline. All such work shall be prosecuted dihgently to completIon. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The LIcensee shall bear the entIre cost and expense mcurred m connectIon with the construction, mamtenance, repaIr and renewal and any and all modIficatIon, reVIsion, relocation, removal or reconstructIon of the Pipelme, lllcluding any and all expense whIch may be incurred by the Licensor in connectIOn thereWIth for supervISIOn, mspection, flaggmg, or otherwise. Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. (a) The hcense herem granted IS subJect to the needs and requirements of the Licensor in the operatIOn of its raIlroad and in the improvement and use of ItS property, and the Licensee shall, at the sole expense of the Licensee, reinforce the PIpeline, or move all or any portIOn of the Pipeline to such new location as the Licensor may deSIgnate, whenever, m the furtherance of its needs and reqUIrements, the LIcensor shall find such actIOn necessary or desirable. (b) All the terms, condItIons and stIpulatIOns herem expressed WIth reference to the PIpeline on property of the LIcensor m the locatIon hereinbefore described shall, so far as the Pipeline remalllS on the property, apply to the PIpelme as modified, changed or relocated wIthm the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The PIpehne and all parts thereof WIthin and outside of the limits of the property of the LIcensor shall be constructed and, at all times, mamtained, repaIred, renewed and operated in such manner as to cause no mterference whatsoever WIth the constant, continuous and uninterrupted use of the tracks, property and facilities of the LIcensor, and nothmg shall be done or suffered to be done by the Licensee at any time that would m any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optIc cable systems may be buried on the LIcensor's property. Protection of the fiber optic cable systems IS of extreme Importance since any break could disrupt service to users resulting in business mterruptIon and loss of revenue and profits. LIcensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determme if fiber optIc cable is buried anywhere on the LIcensor's premIses to be used by the Licensee. If It IS, LIcensee will telephone the telecommunicatIOns companY(Ies) lllvolved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensees expense, and will commence no work on the nght of way until all such protectIOn or relocatIOn has been accomplished. LIcensee shall indemnify and hold the Licensor harmless from and agamst all costs, habihty and expense whatsoever (includmg, WIthout limItatIOn, attorneys' fees, court costs and expenses) ansmg out of or caused m any way by Licensee's failure to comply with the prOVISIOns of thIS paragraph. plx.exb Exhibit B