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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 requinng 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 m connectIon with the constructIon, <br />maintenance, repaIr, renewal, modification, reconstruction, relocatIon or removal of the PIpeline. 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 PIpeline, includmg any and all expense which may be Incurred by the LIcensor in <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 lIcense herem granted IS subJect to the needs and reqUIrements of the Licensor in 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 herein expressed with reference to the PIpelme on <br />property of the LIcensor m the locatIon hereinbefore described shall, so far as the Pipeline remains on the <br />property, apply to the PIpelme as modIfied, changed or relocated WIthin the contemplation of thIS sectIon. <br /> <br />Section 6. <br /> <br />NO INTERFERENCE WITH LICENSOR'S OPERATION. <br /> <br />The PIpeline and all parts thereof wIthm and outside of the limIts of the property of the Licensor shall be <br />constructed and, at all tImes, mamtamed, repaIred, renewed and operated m such manner as to cause no <br />mterference whatsoever WIth the constant, continuous and umnterrupted use of the tracks, property and <br />facilItIes 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 buried on the Licensor's property. ProtectIon of the fiber optIc <br />cable systems IS of extreme Importance since any break could disrupt service to users resultmg m busmess <br />mterruptIOn and loss of revenue and profits. LIcensee shall telephone the LIcensor at 1-800-336-9193 (a <br />24-hour number) to determine If fiber optic cable IS buned anywhere on the Licensor's premIses to be <br />used by the LIcensee. If It IS, LIcensee WIll telephone the telecommumcatIOns companY(Ies) Involved, <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 accomplIshed. Licensee shall indemnify and hold the LIcensor harmless from and <br />agamst all costs, lIabIlity and expense whatsoever (includmg, 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 />