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<br />PLX 980112 <br />FOIDl Approved, A VP-Law <br /> <br />EXHIBIT B <br /> <br />Section 1. <br /> <br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. <br /> <br />(a) The foregoing gremt of right is subject emd 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 Licensor to construct, maintain, repair, renew. use. <br />operate. chemge, modify or relocate railroad 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 emy of which may be freely done at emy time or times by the <br />Licensor without liability to the Licensee or to any other party for compensation or damages. <br /> <br />b) The foregoing grant is also subject to all outstcmding superior rights <including those in favor of licensees emd lessees of <br />he Licensor's property, emd others) emd the right of the Licensor to renew emd extend the same. emd is made without covencmt of <br />title or for quiet enjoyment. <br /> <br />Section 2. <br /> <br />CONSTRUCI10N. MAINTENANCE AND OPERATION. <br /> <br />(0) The Pipeline shall be constructed. operated maintained. repaired. renewed, modified emd/or reconstructed by the <br />Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949. emd <br />all amendments thereof emd. 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 emy <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. <br /> <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. <br /> <br />(c) Prior to the commencement of any work in connection with the construction. maintencmce. repair. renewal. modification. <br />relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed cmd track or tracks of the Licensor, <br />the Licensee shall submit to the Licensor plcms setting out the method emd manner of handling the work, including the shoring emd <br />cribbing, if emy, required to protect the Licensor's operations, emd 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. maintenance, repair, renewal. <br />modification. relocation. reconstruction or removal of the Pipeline, and, in 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 expense incurred by the <br />. icensor in connection therewith. which expense shall include all assignable costs. <br /> <br />i) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the <br />adjacent surface of the ground <br /> <br />Section 3. <br /> <br />NOTICE OF COMMENCEMENT OF WORK. <br /> <br />H an emergency should arise requiring immediate attention. the Licensee shall provide as much notice as practicable <br />to Ucensor before commencing emy work. In all other situations. the Licensee shall notify the Licensor at least ten (1m days (or <br />such other time as the Licensor 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. <br /> <br />Section 4. <br /> <br />UCENSEE TO BEAR EN1)RE EXPENSE. <br /> <br />The Licensee shall bear the entire cost emd expense incurred in connection 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 connection therewith for supervision. inspection. flagging. or otherwise. <br /> <br />plx.exb <br /> <br />Page 1 of4 <br /> <br />Exhibit B <br />