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<br />25.
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<br />PL X 980112
<br />Form Approved, A VP-Law
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<br />EXHIBIT B
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<br />Section 1.
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<br />LIMIT A TION AND SUBORDINATION OF RIGHTS GRANTED.
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<br />(a) The foregomg grant of nght IS subJect and subordinate to the prior and continuing right and
<br />obligatIon of the LIcensor to use and maintam its entire property including the right and power of the
<br />Licensor to construct, maintam, repaIr, renew, use, operate, change, modIfy or relocate railroad tracks,
<br />SIgnal, commumcatIon, fiber optIcs, or other wirelines, pIpehnes and other facihtIes 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 habIhty to the Licensee or to any other party for compensation or damages.
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<br />(b) The foregomg grant is also subject to all outstandmg superior nghts (mcluding those in favor of
<br />licensees and lessees of the LIcensor's property, and others) and the right of the Licensor to renew and
<br />extend the same, and is made without covenant of tItle or for qUIet enjoyment.
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<br />Section 2.
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<br />CONSTRUCTION. MAINTENANCE AND OPERATION.
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<br />(a) The PIpeline shall be constructed, operated, mamtained, repaired, renewed, modified and/or
<br />reconstructed by the Licensee III 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-Engmeering 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 />points of conflict, but III all other respects the Specification shall apply.
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<br />(b) All work performed on property of the Licensor III 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) PrIor to the commencement of any work in connectIOn with the construction, maintenance, repair,
<br />renewal, modIfication, relocation, reconstructIOn or removal of the Pipeline 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, includmg the shonng 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-Engineenng Services of the LIcensor and then the work shall be done to
<br />the satisfaction of the Vice President-Engineering 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 during the time of constructIon, mamtenance, repair, renewal, modificatIon, relocatIon,
<br />reconstructIOn or removal of the PIpelme, and, m the event the Licensor provides such support, the
<br />Licensee shall pay to the LIcensor, WIthin fifteen (15) days after bills shall have been rendered therefor, all
<br />expense mcurred by the Licensor m connectIon therewIth, which expense shall include all aSSIgnable
<br />costs.
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<br />(d) The Licensee shall keep and mamtain 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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