|
<br />I
<br />
<br />I
<br />
<br />I
<br />
<br />1 3 .
<br />
<br />PL X 980112
<br />Form Approved, A VP-Law
<br />
<br />EXHIBIT B
<br />
<br />Section 1.
<br />
<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br />
<br />(a) The foregomg grant of nght is subJect and subordmate to the pnor and continuing right and
<br />oblIgation of the LIcensor to use and maintam Its entIre property including the nght 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 wIrehnes, 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 lIabihty to the Licensee or to any other party for compensation or damages.
<br />
<br />(b) The foregomg grant IS also subJect to all outstandmg superior nghts (mcludmg 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.
<br />
<br />CONSTRUCTION. MAINTENANCE AND OPERATION.
<br />
<br />(a) The PIpelme shall be constructed, operated, maintamed, repaired, renewed, modIfied and/or
<br />reconstructed by the LIcensee m 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 confhcts m any respect WIth the
<br />reqUIrements of any federal, state or mumcIpal law or regulatIon, such reqUIrements shall govern on all
<br />pomts of confhct, but m all other respects the SpecIficatIOn shall apply.
<br />
<br />(b) All work performed on property of the LIcensor m connection WIth the constructIOn,
<br />mamtenance, repaIr, renewal, modificatIOn or reconstructIon of the PIpelme shall be done to the
<br />satIsfaction of the LIcensor.
<br />
<br />(c) Pnor to the commencement of any work m 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 settmg out
<br />the method and manner of handlIng the work, mcluding 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 authonzed 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, mamtenance, 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 m connection thereWIth, WhICh expense shall mclude all assignable
<br />costs.
<br />
<br />(d) The LIcensee shall keep and maintam the soil over the PIpelme thoroughly compacted and the
<br />grade even with the adjacent surface of the ground.
<br />
<br />plx.exb
<br />
<br />Exhibit 8
<br />
|