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<br />PL X 980112
<br />Form Approved. A VP-Law
<br /> EXHIBIT B
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<br />Section 1. LIMITATION AND SUßORDINATION OF RIGHrS GRANTED.
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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 Licensor to construct, maintain. repair. renew, use,
<br />operate, change, 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 any of which may be freely done at any time or times by the
<br />Licensor without liability to the Licensee or to any other party for compensation or damages.
<br />(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />he Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made Without covenant of
<br />ttle or for quiet enjoyment.
<br />Section 2. CONS1RUCTION. MAINTENANCE AND OPERATION.
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<br />(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the
<br />Licensee in strict conformity with Union Pacüic Railroad Co. Common Standard Specüication 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.
<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 />(c) 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 Licensor,
<br />the Licensee shall submit to the Licensor plans setting out the method and marmer of handling the work, including the shoring and
<br />cribbing, if any, reCtuired 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 necessCIIy 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 />Licensor in connection therewith, which expense shall include all assignable costs.
<br />:i) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the
<br />djacent surface of the ground.
<br />Section 3. 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 Licensor before commencing any work. In all other situations. the Licensee shall notify the Licensor at least ten (10) 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 work shall be prosecuted diligently to completion.
<br />Section 4. UCENSEE TO BEAR ENTIRE EXPENSE.
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<br /> The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair
<br />and renewal and any and all modificatioll, 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 />pl¡¡.exb Pagelof4 Exhibit B
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