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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
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