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,PL X 880201 <br />Form Approved, AVP-Law <br />EXHIBIT B <br />Section I. LIMITATION ANO SUBORDINATION OF RIGHTS GRANTED. <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, use, <br />operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or <br />other wirelines, pipelines and other facilities upon, along or across any or all parts of its <br />property, all or any of which may be freely done at any time or times by the Licensor without <br />liability to the Licensee or to any other party for compensation or damages. <br />(b) The foregoing grant is a:so subject to all outstanding superior rights <br />(including those in favor of licensers and lessees of the Licensor's property, and others) and <br />the right.of the Licensor to renew and extend the same, and is made without covenant of title <br />or for quiet enjoyment. <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 hereofs 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 municipal law or regulations such requirements shall govern on all points of conflict, but <br />in all other 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 an~ work in connection with the construction, <br />maintenance, repair, renewal, modification, re ovation, 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 provides such support, the Licensee shall pay to the <br />Licensor, within fifteen (15) days after bills shall have been 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 3. NOTICE OF COMIrIENCEMENT OF WORK. <br />If an emergency should arise requiring immediate attention, the Licensee shall <br />provide as much notice as practicable to Licensor before commencingg any work. In all other <br />situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time <br />as 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 shalt 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 <br />0405n <br />