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<br /> PL E 940207
<br /> Form' Approved, AVP-Law
<br /> Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
<br /> The Licensee shall bear the entire cost and expense incurred in connection
<br /> with the construction, maintenance, repair and renewal and any and all modification,
<br /> revision, relocation, removal or reconstruction of the Pipeline, including any and all
<br /> expense which may be incurred by the Licensor in connect~on therewith for supervision,
<br /> inspection, flagging, or otherwise. .- .
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<br /> Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE.
<br /> (a) The license herein granted is subject to the needs and requirements of the
<br /> Licensor in the operation of its railroad and in the improvement and use of its
<br /> property, and the Licensee shall, at the sole expense of th~ Licensee, reinforce the
<br /> Pipeline, or move all or any portion of the Pipeline to such new location or remove the
<br /> Pipeline from such property, as the Licensor may designate, whenever, in the
<br /> furtherance of its needs and requirements, the Licensor shall find such action
<br /> necessary or desirable.
<br /> (b) All the terms, conditions and stipulations herein expressed with reference
<br /> to the Pipeline on property of the Licensor in the location hereinbefore described
<br /> shall, so far as the Pipeline remains on the property, apply to the Pipeline as
<br /> modified, changed or relocated within the contemplation of this section.
<br /> Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
<br /> The Pipeline and all parts thereof within and outside of the limits of the
<br /> property of the Licensor shall be constructed and, at all times, maintained, repaired,
<br /> renewed and operated in such manner as to cause no interference whatsoever with the
<br /> constant, continuous and uninterrupted use of the tracks, property and facilities of
<br /> the Licensor, and nothing shall be done or suffered to be done by the Licensee at any
<br /> time that would in any manner impair the safety thereof. .
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<br /> Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
<br /> (a) Fiber optic cable systems may be buried on the Licensor's property.
<br /> protection of the fiber optic cable systems is of extreme importance since any break
<br /> could disrupt service to users resulting in business interruption and loss of revenue
<br /> and profits. Licensee shall telephone the Licensor at 1-800-366-9193 (a 24-hour
<br /> number) to determine if fiber optic cable is buried anywhere on the Licensor's premises
<br /> to be used by the Licensee. If it is, Licensee will telephone the telecommunications
<br /> company(ies) involved, arrange for acable.locator, ~ake .arrangements for relocation
<br /> or other protection of the fiber optic cable, and will commence no work on the right
<br /> of way until all such protection or relocation has been accomplished. Licensee shall
<br /> indemnify and hold the Licensor harmless from and against all costs, liability and
<br /> expense whatsoever (including, without limitation, attorneys' fees, court costs and
<br /> expenses) arising out of or caused in any way by Licensee's failure to comply with the
<br /> provisions of this paragraph.
<br /> (b) In addition to other indemnity provisions in this Agreement, the Licensee
<br /> shall indemnify and hold the Licensor harmless from and against all costs, liability
<br /> and expense whatsoever (including, without limitation, attorneys' fees, court costs and
<br /> expenses) caused by the negligence of the Licensee, its contractor, agents and/or
<br /> employees, resulting in (1) any damage to or destruction of any telecommunications
<br /> system on Licensor's property, and/or (2) any injury to or death of any person employed
<br /> by or on behalf of any telecommunications company, and/or its contractor, agents and/or .
<br /> employees, on Licensor's property, except to the extent that such costs, liability or
<br /> expenses are caused by the direct active negligence of the Licensor. Licensee further
<br /> agrees that it shall not have or seek recourse against Licensor for any claim or cause
<br /> of action for alleged loss of profits or revenue or loss of service or other
<br /> consequential damage to a telecommunication company using Licensor's property or a
<br /> customer or user of services of the fiber optic cable on Licensor's property.
<br /> Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
<br /> (a) The Licensee shall fully pay for all materials joined or affixed to and
<br /> labor performed upon property of the Licensor in connection with the construction,
<br /> Exhibit B
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