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<br />- ~ ~ C,
<br />PL E.940207 ( r Q 7
<br />Form Approved, AVP-Law
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<br />EXHIBIT B
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<br />Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
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<br />(a) The foregoing grant of right is subject and subordinate to" the prior and
<br />continuing right and obligation of the.-Licensor to use and maintain. its entire property
<br />including the right and power of the Licensor to construct, maintain, repair, renew,
<br />use, operate, change, modify or relocate railroad tracks, signal, communication, fiber
<br />optics, or other wirelines, pipelines and other facilities upon, along or across any
<br />or all parts of its property, all or any of which may be freely done .at any tLme or
<br />tLmes by the Licensor without liability to the Licensee or to any other party for
<br />compensation or damages.
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<br />(b) The foregoing grant is also subject to all outstanding superior rights
<br />(including those in favor of licensees and lessees of the Licensor's property, and
<br />others) and the right of the Licensor to renew and extend the same, and is made without
<br />covenant of title or for quiet enjoyment.
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<br />section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
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<br />(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed,
<br />modified and/or reconstructed by the Licensee in strict conformity with Union Pacific
<br />Railroad Co. Common Standard Specification 1029 adopted November 1949, and all
<br />amendments thereof and supplements thereto, which by this reference is hereby made a
<br />part hereof, except as may be modified and approved by the Licensor's Vice
<br />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,
<br />such requirements shall govern on all points of conflict, but in all other respects the
<br />specification shall apply. .
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<br />(b) All work performed on property of the Licensor in~connection with the
<br />construction, maintenance, repair, renewal, modification or reconstruction of the
<br />Pipeline shall be done to the satisfaction of the Licensor.
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<br />(c) Prior to the commencement of any work in connection with the construction,
<br />maintenance, repair, renewal, modification, relocation,' reconstruction or removal of
<br />the Pipeline where it passes underneath the roadbed and track or tracks of the
<br />Licensor, the Licensee shall submit to the Licensor plans setting out the method and
<br />manner of handling the work, including the shoring and cribbing, if any, required to
<br />protect the Licensor's operations, -and shall not..proceed with..the work until such plans
<br />have been approved by the Vice President-Engineering Services of the Licensor and then
<br />the work shall be done to the satisfaction of the vice President-Engineering Services
<br />or his authorized representative. The Licensor shall have the right, if it so elects,
<br />to provide such support as it may deem necessary for the safety of its track or tracks
<br />during the time of construction, maintenance, repair, renewal, modification,
<br />relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor
<br />provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days
<br />after bills shall have been rendered therefor, all expense incurred by the Licensor in
<br />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
<br />compacted and the grade even with the adjacent surface of the ground.
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<br />Section 3. NOTICE OF COMMENCEMENT OF WORK.
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<br />If an emergency should arise requiring immediate attention, the Licensee
<br />shall provide as much notice as practicable to Licensor before commencing any work.
<br />In all other situations, the Licensee shall notify the Licensor' at least ten (10) days
<br />(or such other time as the Licensor may allow) in advance of the commencement of any
<br />work upon property of the Licensor in connection with the construction, maintenance,
<br />repair, renewal, modification, reconstruction, relocation or removal of the Pipeline.
<br />All such work shall be prosecuted diligently to completion.
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<br />Exhibit B
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