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PL X 880201
<br /> Form Approved, AVP-Law
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<br /> Section 5. RELOCATIblt OR REHOVAL OF PIPELINE.
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<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 in~orovement and use of its property, and
<br /> the Licensee shall, at the sole ex nse of the Licensee, move all or any pertion of the
<br /> Pipeline to such new location as t~ee Licensor may designate, whenever, in the furtherance of
<br /> its needs and requirements, the Licensot shall f~r~d such action necessary or desirable.
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<br /> (b) All the term, conditions and stipulations herein expressed with reference to
<br /> the Pipeline on prop.arty 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 qr
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<br /> relocated within the contemla ion of this section.
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<br /> Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
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<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, rene~ed and
<br /> operated in such manner as to cause no interference whatsoever with the constant, continuous
<br /> and uninterrupted use of the tracks, roperty and facilities of the Licensort and nothing
<br /> shall be done or suffered to be done ~y the Licensee at any time that would ~n any manner
<br /> impair the safety thereof.
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<br /> Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEHS.
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<br /> (a) Fiber optic cable systems may be buried on the Licensor's property. Protection -
<br /> ft
<br /> o he 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-~6-919~ (a 24-hour numer) to determine if fiber optic
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<br /> Licensee will telephone the telecoomunicati ( s v v ~ a
<br /> Iotatot, and make arrangements for relocation or pther protection of the fiber optic cable
<br /> prior to beginning any work on the Licensor's premises.
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<br /> (b) In addition to the liabilit term elsewhere in this Agreement, the Licensee
<br />shall indemnify and hold the Licensor harmYess 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 ~n an way contributed to by any act or omission of the Licensee,
<br />its contractor, agents and/or en~o~oyees, that causes or in any way or degree contributes to
<br />(I) any darnage to or destruction of any telecoomunications system by the Licensee, and/or its
<br />contractor, agents and/or employees, on Licensor's property, (2) any injury to or death of any
<br />person employed b or on behalf of any telecoomunications company, and/or ~ts contractor,
<br />aents and/or empToyees, on Licensor's property, and/or (3) any claim or cause of action for
<br />a?leged loss of profits or revenue by, or loss of service by a custemer or user of, such
<br />telecarrmunication company(ies).
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<br />Section 8. CLAIMS AND LIENS FOR LABOR ANO HATERIAL; TAXES.
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<br /> (a) The Licensee shall fully ~y for all materials joined or affixed to and labor
<br />performed upon property of the Licensor fn 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 materialmen's lien of any kind or nature to be enforced against the
<br /> toparty for any work. done or materials furnished thereon at the instance or request or on
<br />~half of the L~censee. The Licensee shall indemnify and hold harmless the Licensor ~gainst
<br />and from any and all lienst claims, demands, costs and expenses of whatsoever nature ~n any
<br />way connected with or groping out of such work done, labor performed, or materials furnished.
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<br /> (b) The Licensee shall premptly pay or discharge all taxes, charges and assessments
<br />levied upont in respect to, or on account of the Pipeline, to prevent the same from becoming a
<br />charge or I~en ypon property of the Licensor, and so that the taxes, charges and assessments
<br />levied upon or ~n respect to such property shall not be increased bocause of the location,
<br />construction or maintenance of the Pipeline or any im~rovsrent, 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 /> y to the Licensor equitable proportion of such taxes determined by the value of the
<br />Censee'san
<br /> property upon property of the Licensor as compared ~ith the entire value of such
<br />property.
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<br />Section 9. RESTORATION OF LICENSOR'S PROPERTY.
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<br /> In the event the Licensor authorizes the Licensee to take down any fence of the
<br />Licensor or in any manner move or disturD any of the other property of the Licensor in
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<br />Exhibit B
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