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<br />I <br /> <br />I <br /> <br />I <br /> <br />PL X 980112 <br />Form Approved, A VP-Law <br /> <br />Section 3. <br /> <br />NOTICE OF COMMENCEMENT OF WORK. <br /> <br />If an emergency should anse requlTIng Immediate attentIon, the LIcensee shall prOVIde as much notIce as <br />practIcable to LIcensor before commencmg any work. In all other situations, the Licensee shall notIfy the <br />LIcensor at least ten (10) days (or such other time as the LIcensor may allow) m advance of the <br />commencement of any work upon property of the Licensor in connectIon WIth the construction, <br />maintenance, repaIr, renewal, modIficatIOn, reconstruction, relocatIon or removal of the PIpehne. All <br />such work shall be prosecuted diligently to completIon. <br /> <br />Section 4. <br /> <br />LICENSEE TO BEAR ENTIRE EXPENSE. <br /> <br />The LIcensee shall bear the entIre cost and expense mcurred m connectIon WIth the construction, <br />maintenance, repaIr and renewal and any and all modIfication, reVISIon, relocatIon, removal or <br />reconstructIOn of the PIpehne, mcludmg any and all expense WhICh may be mcurred by the Licensor m <br />connectIOn thereWIth for supervISIon, mspectIOn, flagging, or otherwise. <br /> <br />Section 5. <br /> <br />REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. <br /> <br />(a) The hcense herem granted IS subJect to the needs and reqUIrements of the Licensor m the <br />operatIon of Its railroad and m the Improvement and use of its property, and the LIcensee shall, at the sole <br />expense of the Licensee, remforce the PIpeline, or move all or any portIOn of the Pipeline to such new <br />locatIon as the LIcensor may deSIgnate, whenever, m the furtherance of ItS needs and reqUIrements, the <br />LIcensor shall find such actIOn necessary or desirable. <br /> <br />(b) All the terms, condItIons and stIpulatIOns herem expressed WIth reference to the Pipelme on <br />property of the LIcensor m the locatIon herembefore described shall, so far as the Pipeline remams on the <br />property, apply to the PIpehne as modIfied, changed or relocated wIthm the contemplatIon of this sectIOn. <br /> <br />Section 6. <br /> <br />NO INTERFERENCE WITH LICENSOR'S OPERATION. <br /> <br />The Pipelme and all parts thereof within and outside of the limits of the property of the Licensor shall be <br />constructed and, at all tImes, maintained, repaired, renewed and operated in such manner as to cause no <br />mterference whatsoever with the constant, continuous and unmterrupted use of the tracks, property and <br />facihtIes ofthe LIcensor, and nothmg shall be done or suffered to be done by the Licensee at any time that <br />would m any manner ImpaIr the safety thereof. <br /> <br />Section 7. <br /> <br />PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br /> <br />(a) Fiber optIc cable systems may be buned on the Licensor's property. Protection of the fiber optic <br />cable systems IS of extreme Importance smce any break could dISrupt servIce to users resultmg m busmess <br />interruptIOn and loss of revenue and profits. LIcensee shall telephone the Licensor at 1-800-336-9193 (a <br />24-hour number) to determme If fiber optic cable IS burled anywhere on the LIcensor's premIses to be <br />used by the LIcensee. If It IS, LIcensee will telephone the telecommunicatIOns companY(Ies) mvolved, <br />arrange for a cable locator, make arrangements for relocatIon or other protectIon of the fiber optIc cable, <br />all at LIcensees expense, and will commence no work on the nght of way until all such protectIOn or <br />relocatIon has been accomphshed. LIcensee shall mdenmIfy and hold the LIcensor harmless from and <br />agamst all costs, habihty and expense whatsoever (mcludmg, without limItation, attorneys' fees, court <br />costs and expenses) ansmg out of or caused in any way by Licensee's failure to comply WIth the <br />prOVISIOns of thIS paragraph. <br /> <br />plx,exb <br /> <br />Exhibit B <br />