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17-57381 <br /> Licensor's Roadmaster at 2900 Bond St. Everett, WA 98201, telephone(425) 304-6690 or <br /> (509) 591-2021, at least ten (10) business days prior to (a) the commencement of <br /> construction of the Pipeline,and(b)with the exception of any access to the Premises which <br /> may be required during an emergency, prior to entering the Premises for any subsequent <br /> maintenance thereon. In the event of an emergency, Licensee shall notify Licensor of <br /> Licensee's entry onto the Premises at the telephone number above as soon as practicable <br /> and shall promptly thereafter follow up with written notice of such entry. <br /> 11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at <br /> all times while on the Premises. <br /> 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of <br /> Licensor's tracks to the other. <br /> 11.4 Any contractors or subcontractors performing work on the Pipeline or entering the <br /> Premises on behalf of Licensee shall be deemed servants and agents of Licensee for <br /> purposes of this License. <br /> 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any <br /> other activity using mechanized equipment and/or machinery, or place or store any <br /> mechanized equipment, tools or other materials, within twenty-five (25) feet of the <br /> centerline of any railroad track on the Premises unless Licensee has obtained prior written <br /> approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities <br /> on and about the Premises, including without limitation all construction and maintenance <br /> of the Pipeline, in such a manner and of such materials as not at any time to endanger or <br /> interfere with (i) the existence or use of present or future tracks, roadbeds, or property of <br /> Licensor, (ii)the safe operation and activities of Licensor or existing third parties,or(iii)the <br /> rights or interests of third parties. If ordered to cease using the Premises at any time by <br /> Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. <br /> Notwithstanding the foregoing right of Licensor,the parties agree that Licensor has no duty <br /> or obligation to monitor Licensee's use of the Premises to determine the safe nature <br /> thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the <br /> Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights <br /> granted in this Section will alter the liability allocation provided by this License. <br /> 11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline and <br /> drainage onto the Premises in such a manner and of such material that the Pipeline and <br /> drainage onto the Premises will not at any time endanger or interfere with (i)the existence <br /> or use of present or future tracks, roadbeds, or property of Licensor, (ii)the safe operation <br /> and activities of Licensor or existing third parties, or (iii) the rights or interests of third <br /> parties. The construction of the Pipeline shall be completed within one (1) year of the <br /> Effective Date, and any subsequent maintenance shall be completed within one (1) year <br /> of initiation. Within thirty (30) days after completion of the construction of the Pipeline or <br /> the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's <br /> own cost and expense, restore the Premises to substantially their state as of the Effective <br /> Date, unless otherwise approved in advance by Licensor in writing. On or before expiration <br /> or termination of this License for any reason, Licensee shall, at its sole cost and expense, <br /> surrender the Premises to Licensor pursuant to the terms and conditions set forth in <br /> Section 24 hereof. <br /> 11 7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect <br /> the construction and/or maintenance of the Pipeline at any time for compliance with the <br /> terms and conditions of this License, the Drawings and Specifications, and Legal <br /> Requirements (defined below). Licensee shall reimburse Licensor for the cost of such <br /> observation or inspection related services pursuant to Section 7 and Section 8. If ordered <br /> at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due <br /> 32330630.2 3 Form 424;Rev.20190916 <br />