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PL X 880201
<br />Form Approved, AVP-Law
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<br /> EXHIBIT B
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<br /> Section I. LIRtTATION AND SUBORDINATION OF RIGHTS GRANTED.
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<br /> (a) The for oing grant of right is subject and subordinate to the prior and
<br />continuing right and obe?igation of the Licensor to use and maintain its entire property
<br />including the right and po~er of the Licensor to construct, maintain, repair, renew, use,
<br />operate~ change, modify or relocate railroad tracks, si nal, conTnunication, fiber optics, or
<br />other ~relines, pipelines and other facilities upon, a~ong or across any or all parts of its
<br />pro rty, all or any of which may be freely done at any time or times by the Licensor without
<br />lia~lity to the Licensee or to any other party for compensation or damages.
<br /> (b) The foregoin rant is a2so subject to all outstanding superior ri hts
<br />(including those in favor oY ?icense~s and lessees of the Licensor's property, an~ others} and
<br />the right of the Licensor to rene~ and extend the same, and is made ~ithout covenant of title
<br />or for quiet enjoWnent.
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<br />Section 2. CONSTRUCTION~ HAINTENANCE AND OPERATION.
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<br /> (a) The Pipeline shall be constructed, operated, maintained, re,aired, rene~ed,
<br />modified and/or reconstructed by he Licensee in strict conformity with Union Pacific Railroad
<br />Co. Convnon Standard Specification 1029 adopted Noventer 1949, and all amendments thereof and
<br />supplements thereto, ~hich 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 '
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<br /> respects the Specification shall apply.
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<br /> (b) All ~ork performed on property of the Licensor in connection with the
<br />construction, maintenance, reNiE, renewal, modification or reconstruction of the Pipeline
<br />shall be done under the supervision and to the satisfaction of the Licensor.
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<br />Pipeline ~here ~t 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 />~ork, including the shoring and cribbin , if any, r.equired to protect the Licensor's
<br />operations, and shall not proceed with ~he ~ork 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 ~t 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 rovides such sup rt, the Licensee shall pay to the
<br />Licensor, ~ithin 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.
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<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.
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<br />Section 3. Ii3TICE OF C(~ItENCENENT OF II3RK.
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<br /> If an e~trgency should arise requiring inmecliate attention, the Licensee shall
<br />provide as much notice as racticable to Licensor before conmencin any work. In all other
<br />situations, the Licensee s~all notify the Licensor at least ten (18) days (or such other time
<br />as the Licensor may alleN) in advance of the conmsncement of any work upon property of the
<br />Licensor in connection ~ith the construction, maintenance, repair, renewal, medification,
<br />reconstruction, relocation or removal of the Pipeline. All such ~ork shall be prosecuted
<br />diligently to completion.
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<br />Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
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<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 theredith for supervision, inspection, flagging, or
<br />otherwise.
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<br />Exhibit B
<br />Pa e t of 4
<br />0485n
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