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<br />PL X 980112
<br />Form Approved, A VP-Law
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<br />EXIIIaIT B
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<br />Section 1.
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<br />LlMlTATION AND SUBORDINATION OF mGHTS GRAN'I'ED.
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<br />(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the licensor to
<br />use and maintain its entire property including the right and power of the Ucensor to construct. maintain. repair. renew. use.
<br />operate, change, modify or relocate raUroad tracks, signal, communication,. fiber optics. or other wirelines, pipelines and other
<br />facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the
<br />licensor without liability to the Ucensee or to any other pmty for compensation or damages.
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<br />(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />the Licensor's property. and others) and the right of the Ucensor to renew and extend the same, and is made without covenant of
<br />title or for quiet enjoyment.
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<br />Section 2.
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<br />CONSTRUCI10N. MAINTENANCE AND OPERATION.
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<br />(0) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified cmdlor reconstructed by the
<br />licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and
<br />all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be
<br />modified and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any
<br />respect with the requirements of any federal, state or municipal law or regulation. such requirements shall govern on all points
<br />of conflict. but in all other respects the Specification shall apply.
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<br />(b) All work performed on property of the Licensor in connection with the construction. maintenance. repair, renewal,
<br />modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor.
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<br />(e) Prior to the commencement of any work in connection with the construction. maintenance, repair, renewal, modification.
<br />relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Ucensor,
<br />the Licensee shall submit to the licensor plans setting out the method and manner of handling the work, including the shoring and
<br />cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been
<br />approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice
<br />President-Engineering Services or his authorized representative. The Licensor shall have the right. if it so elects, to provide such
<br />support as it may deem necessary for the safety of its track or tracks during the time of construction, maintencmce, repair, renewal,
<br />modification, relocation. reconstruction or removal of the Pipeline, and.. in the event the Licensor provides such support, the
<br />Ueensee shall pay to the Licensor. within fifteen aS) days after bills shall have been rendered therefor, all expense incurred by the
<br />ljcensor in connection therewith. which expense shall include all assignable costs.
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<br />d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the
<br /><.ldjacent surfoce of the ground.
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<br />Section 3.
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<br />NOTICE OF COMMENCEMENT OF WORK.
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<br />If an emergency should arise requiring immediate attention. the licensee shall provide as much notice as practicable
<br />to Ucensor before commencing any work. In all other situations, the Ucensee shall notify the Ucensor at least ten (0) days (or
<br />such other time as the Ucensor may allow) in advance of the commencement of any work upon property of the Licensor in
<br />connection with the construction, maintenance, repair, renewal. modification. reconstruction. relocation or removal of the Pipeline.
<br />All such worle: shall be prosecuted diligently to completion.
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<br />Section 4.
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<br />UCENSEE TO BEAR ENTIRE EXPENS~
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<br />The Ucensee shall bear the entire cost and expense incurred in cormection with the construction. maintenance, repair
<br />and renewal and any and all modification. revision, relocation. removal or reconstruction of the Pipeline, including any and all
<br />expense which may be incurred by the Licensor in cormection therewith for supervision, inspection, flagging, or otherwise.
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<br />plx.exb
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<br />Page 10f4
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<br />Exhibit B
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