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<br /> PL X/A
<br /> Sect ion 5, 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 property, and
<br /> the Licensee shall, at the sole ex~nse of the Licensee, move all or an~ portion of the
<br /> Pipeline to such new location as t e Licensor may designate, whenever, In the furtherance of
<br /> its needs and requirements, the Licensor shall find such action necessary or desirable.
<br /> (b) All the terms, conditions and stipulations herein expressed with reference to
<br /> the Pipeline on property of the Licensor in the location hereinbefore described shall, so far
<br /> as the Pipeline remains on the property, apply to the Pipeline as modified, changed or
<br /> 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 property
<br /> of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and
<br /> operated in such manner as to cause no interference whatsoever with the constant, continuous
<br /> and uninterrupted use of the tracks, groperty and facilities of the Licensor, and nothing
<br /> shall be done or suffered to be done y the Licensee at any time that would In any manner
<br /> impair the safety thereof.
<br /> Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS,
<br /> (a) Fiber optic cable systems may be buried on the Licensor's property, Protection
<br /> of the fiber optic cable systems is of extreme importance since any break could disrupt
<br /> service to users resulting in business interruption and loss of revenue and profits, Licensee
<br /> shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic
<br /> cable is buried anywhere on the Licensor's premises to be used br the Licensee, If it is,
<br /> Licensee will telephone the telecommunications company(ies) invo ved, arrange for a cable
<br /> locator, and make arrangements for relocation or other protection of the fiber optic cable
<br /> prior to beginning any work on the Licensor's premises,
<br /> (b) In addition to other indemnity provisions in this Agreement, the Licensee shall
<br /> indemnify and hold the Licensor harmless from and a9ainst all costs, liabi lity and expense
<br /> whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising
<br /> out of any act or omission of the Licensee, its contractor, agents and/or ~ oyees, that
<br /> causes or contributes to (I) any damage to or destruction of any telecommunications system on
<br /> Licensor's pro~rty, and (2) any injury.to or death of any person employed by or on ~half of
<br /> any telecommunications company, and/or Its contractor, agents and/or employees, on Licensor's
<br /> property, Licensee shall not have or seek recourse against Licensor for any claim or cause of
<br /> action for alleged loss of profits or revenue or loss of service or other consequential dama~e
<br /> to a telecommunication company using Licensor's property or a customer or user of services 0
<br /> 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 labor
<br /> performed upon property of the Licensor In connection with the construction, maintenance,
<br /> repair, renewal, modification or reconstruction of the Pipel ine, and shall not permit or
<br /> suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the
<br /> ~operty for any work done or materials furnished thereon at the instance or request or on
<br /> half of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against
<br /> and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any
<br /> way connected with or growing out of such work done, 1abor performed, or materials furnished,
<br /> (b) The Licensee shall promptly payor discharge all taxes, charges and assessments
<br /> levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a
<br /> charge or lien upon property of the Licensor, and so that the taxes, charges and assessments
<br /> levied upon or in respect to such property shall not be increased because of the location,.
<br /> construction or maintenance of the Pipeline or any improvement, appliance or fixture connected
<br /> therewith placed upon such property, or on account of the Licensee's interest ther~in, Where
<br /> such tax, charge or assessment may not be separately made or assessed to the Licensee but
<br /> shall be included in the assessment of the property of the Licensor, then the Licensee shall
<br /> pay to the Licensor an equitable proportion of such taxes determined by the value of the
<br /> Licensee's property upon property of the Licensor as compared with the entire value of such
<br /> property.
<br /> Section 9, RESTORATION Of LICENSOR'S PROPERTY.
<br /> In the event the Licensor authorizes the Licensee to take down anl fence of the
<br /> Licensor or in any manner move or disturb any of the other property of the icensor in
<br /> Exhibit B
<br /> Pa~ 2 of 4
<br /> 06 n
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