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<br />202.
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<br />Drainage Exhibit B 920301 Form Approved A VP - Law
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<br />EXHIBIT B
<br />TO DRAINAGE FACILITY & WATERWAY AGREEMENT
<br />TERMS AND CONDITIONS
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<br />Section 1.
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<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
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<br />a) The foregomg grant of right is subject and subordmate to the prior and contmuing nght and
<br />obligation of the Licensor to use and maintain its entIre property including the right and power of the
<br />LIcensor to construct, maintain, repaIr, renew, use, operate, change, modIfy or relocate railroad tracks,
<br />signal, communication, fiber optics, or other wlrelmes, plpehnes and other facilities 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 hability 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 rights (including those in favor of
<br />hcensees 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. It shall be LIcensee's sole
<br />obligatIOn to obtam such additional permiSSIOn, lIcense and grants necessary on account of any such
<br />eXlstmg nghts.
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<br />Section 2.
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<br />CONSTRUCTION. MAINTENANCE AND OPERATION.
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<br />a) The Licensee shall submit the design of the Drainage Faclhty to the Licensor for Licensor's pnor
<br />approval. All work performed on property of the Licensor m connection with the construction,
<br />mamtenance, repair, renewal, modIfication or reconstructIon of the Dramage Facihty shall be done to the
<br />satisfactIon of the LIcensor and in substantial conformance to the speCIficatIons, notes and cross sections
<br />shown on Exhibit A.
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<br />b) The Licensee, at its sole expense, shall operate, mamtain and use the Drainage Facihty in a good
<br />and safe condItion and shall keep the Drainage Facihty free and clear of debns, sedIment or obstructIve
<br />matter whIch mayor could mterfere with or impede the proper functioning of the Dramage Facility.
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<br />c) The Licensee shall not cross any trackage of LIcensor with any vehIcles except at existmg, open
<br />pubhc crossmgs. The Drainage Facility shall be installed by an approved method of construction, or Ifby
<br />the Jackmg and boring method, during jackmg operations, the LIcensee agrees to fill VOIds created
<br />between the embankment and pipe by pressure groutmg. The Licensee shall provide adequate barrier
<br />protection around the entIre excavation area.
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<br />d) Dunng the performance of excavating, constructmg and mamtaming the Dramage Facihty, or any
<br />part thereof, the LIcensee shall not excavate near the toe of the track embankment of the trackbed and will
<br />protect the trackbed m the design, construction and mamtenance of the Drainage Facihty. In the event of
<br />any settlement of the LIcensor's embankment caused by excavation of the Drainage Facility, the LIcensee,
<br />at its sole expense, shall restore Licensor's embankment to its proper grade and dimenSIOns.
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<br />e) Pnor to the commencement of any work m connectIon WIth the construction, mamtenance, repaIr,
<br />renewal, modIficatIOn, relocatIOn, reconstructIon or removal of the Drainage Facility where It passes
<br />underneath the roadbed and track or tracks of the Licensor, the LIcensee shall submit to the LIcensor
<br />plans setting out the method and manner of handling the work, including the shoring and cribbing, if any,
<br />reqUIred to protect the LIcensor's operations, and shall not proceed with the work until such plans have
<br />been approved by the Vice President-Engmeering Services of the Licensor and then the work shall be
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<br />Drainage. Exb
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<br />Exhibit B
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