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PL X 880201
<br />Form Approved, AVP-Law
<br />Section 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 expense of the Licensee, move all or any portion of the
<br />Pipeline to such new location as the Licensor may designate, whenever, In the furtherance of
<br />I t5 needs and requirements, the L I C@IISUf 5iia I l f l fiu SuCil ai, i I Uii tlci.rSSSi y vi uCSI I au i 8.
<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, property and facilities of the Licensor, and nothing
<br />shall be done or suffered to be done gy 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 I-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 by the Licensee. If it is,
<br />Licensee will telephone the telecommunications company(ies) involved, arrange fora cable
<br />locator, and make arrangements for relocation or other protection of the fiber optic cable
<br />prior to beginning any work on the Licensoe's premises.
<br />(b) In addition to the liability terms elsewhere in this Agreement, the Licensee
<br />shall indemnify and hold the Licensor harmless against and from all cost, liability, and
<br />expense whatsoever (including, without limitation, attorney's fees and court costs and
<br />expenses) arising out of or In any way contributed to by.any act or omission of the Licensee,
<br />its contractor, agents and/or employees, that causes or in any way or degree contributes to
<br />(I) any damage to or destruction of any telecommunications system by the Licensee, and/or its
<br />contractor, agents and/or employees, on Llcensor's property, (2) any injury to or death of any
<br />person employed by or on behalf of any telecommunications company, and/or its contractor,
<br />agents and/or employees, on Licensor's property, and/or (3) any claim or cause of action for
<br />alleged loss of profits or revenue by, or loss of service by a customer or user of, such
<br />telecommunication company(ies).
<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 Pipeline, 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 />property for any work. done or materials furnished thereon at the instance or request or on
<br />behalf 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, labor performed, or materials furnished.
<br />(b) The Licensee shall promptly pay or 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 therein. 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 />icensee'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 any fence of the
<br />licensor or in any manner move or disturb any of the other property of the Licensor in
<br />Exhibit B
<br />Pa e2 of 4
<br />0405n
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