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17-57381 to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee hereby grants Licensor a limited license to access and enter the Benefitted Property for the inspection or maintenance of the Pipeline as described above. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 11.8 Licensee shall not seek, permit, allow, or otherwise cause an increase in the collection area of or volume of discharge to, through, or from the Pipeline without Licensor's prior written consent and approval. Licensee shall further notify Licensor in writing in advance of any proposed change in the use or zoning of the Benefitted Property. 11.9 Continuing Obligations. THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON THE USE AND OPERATION OF THE PIPELINE AND ITS DISCHARGE, MAINTENANCE OF THE PIPELINE, LEGAL AND ENVIRONMENTAL COMPLIANCE, AND LIABILITY AND INSURANCE, SHALL BE CONTINUING OBLIGATIONS OF BOTH LICENSEE AND SUCCESSOR OWNERS OF THE BENEFITTED PROPERTY PURSUANT TO SECTION 29 HEREIN. LICENSEE AGREES TO AND SHALL PROVIDE WRITTEN NOTICE TO LICENSOR OF ANY CHANGES IN OWNERSHIP, IN WHOLE OR IN PART, OF THE BENEFITTED PROPERTY AND SHALL REQUIRE ANY SUBSEQUENT OWNER OR OTHER INTEREST HOLDER (EXCLUDING LIENHOLDERS, EXCEPT FOR MORTGAGEES IN POSSESSION) TO ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AS PART OF ANY TRANSFER OF OWNERSHIP. LICENSOR SHALL APPROVE ANY ASSIGNMENT OF THIS LICENSE IN ACCORDANCE WITH SECTION 26. LICENSEE AGREES THAT THE TERMS AND CONDITIONS OF THIS LICENSE SHALL INURE TO THE BENEFIT OF AND BECOME COVENANTS UPON THE BENEFITTED PROPERTY AS PROVIDED BY SECTION 29 WHICH SHALL RUN WITH THE BENEFITTED PROPERTY FOR THE TERM OF THIS LICENSE AND FOR SUCH EXTENDED TERM AS ANY CONTINUING OBLIGATION MAY EXIST FOLLOWING TERMINATION. 12. Boring and Excavation. 12.1 Prior to Licensee conducting any boring,excavation,or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, Provided, however,that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline by contacting 32330630.2 4 Form 424;Rev.20190916