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<br /> 1'l x 890707
<br /> Fonm Approved, AVP-law
<br /> EXHIBIT B
<br /> Section I, liMITATION AND SUBORDINATION Of RIGHTS GRANTED.
<br /> (a) The forgyoin~ grant of right is subject and subordinate to the prior and
<br /> continuing right and ob iga ion of the licensor to use and maintain its entire property
<br /> including the right and power of the licensor to construct, maintain, repair, renew, use,
<br /> operate, change, modify or relocate railroad tracks, siynal, communication, fiber optics, or
<br /> other wlrelines, pipelines and other faci lities upon, a ong or across any or all parts of its
<br /> progyrty, all or any of which may be freely done at any time or times by the licensor without
<br /> IÎa ility to the licensee or to any other party for compensation or damages,
<br /> (b) The foregoin~ yrant is also subject to all outstanding superior rights
<br /> (including those in favor 0 icensees and lessees of the licensor's property, and others) and
<br /> the right,of th~ licensor to renew and extend the same, and is made without covenant of title
<br /> or for quiet enJo~nt.
<br /> Section 2, CONSTRUCTION, MAINTENANCE AND OPERATION.
<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 Railroad
<br /> Co, Common Standard Specification 1029 adopted November 1949, and all amendments thereof and
<br /> supplements thereto, which by this reference is hereby made a part hereof, except as may be
<br /> modified and approved by the licensor's Assistant Vice President-Engineering Services. In the
<br /> event such SpecIfication conflicts in any respect with the requirements of any federal, state
<br /> or munici~1 law or regulation, such requirements shall govern on all points of conflict, but
<br /> in allot er respects the Specification shall apply,
<br /> (b) All work performed on property of the Licensor in connection with the
<br /> construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
<br /> shall be done under the supervision and to the satisfaction of the licensor.
<br /> (c) Prior to the commencement of any work in connection with the construction,
<br /> maintenance, repair, renewal, modification, re ocation, reconstruction or removal of the
<br /> Pipeline where It passes underneath the roadbed and track or tracks of the Licensor, the
<br /> licensee shall submit to the licensor plans setting out the method and manner of handling the
<br /> work, including the shoring and cribbing, if any, required to protect the Licensor's
<br /> operations, and shall not proceed with the work until such plans have been approved by the
<br /> Assistant Vice President-Engineering Services of the Licensor and then only under the
<br /> supervision of the Assistant Vice President-Engineering Services or his authorized
<br /> representative. The Licensor shall have the right, if It so elects, to provide such support as
<br /> it may deem necessary for the safety of its track or tracks during the time of construction,
<br /> maintenance, repair, renewal, modification, relocation. reconstruction or removal of the
<br /> Pipeline, and, In the event the licensor grovides such sup~rt, the Licensee shall pay to the
<br /> licensor, within fifteen (15) days after ills shall have en rendered therefor, all expense
<br /> incurred by the Licensor in'connection therewith, which expense shall include all assignable
<br /> costs.
<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,
<br /> Section S, NOTICE OF C<M4ENCEMENT Of WORK.
<br /> If an emergency should arise requiring immediate attention, the Licensee shall
<br /> provide as much notice as ~racticable to Licensor before commencing any work. In all other
<br /> situations, the Licensee s all notify the licensor at least ten (I) days (or such other time
<br /> a~ the Licensor may allow) in advance of the commencement of any work upon property of the
<br /> Licensor in connection with the construction, maintenance, repair, renewal, modification,
<br /> reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted
<br /> diligently to completion,
<br /> Section 4, LICENSEE TO BEAR ENTIRE EXPENSE.
<br /> The Licensee shall bear the entire cost and expense incurred in connection with the
<br /> construction, maintenance, repair and renewal and any and all modification, revision,
<br /> relocation, removal or reconstruction of the Pipeline, including any and all expense which may
<br /> be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or
<br /> otherwise.
<br /> Exhibit B
<br /> Page I of 4
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