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17-57381
<br /> Licensor's Telecommunications Helpdesk, currently at 1-800-533-2891 (optionl, then
<br /> option 7),at least ten(10)business days prior to installation of the Pipeline. Upon receiving
<br /> Licensee's timely request, Licensor will provide Licensee with the information Licensor has
<br /> in its possession regarding any existing underground lines, utilities,and pipelines at or near
<br /> the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on
<br /> the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the
<br /> accuracy or completeness of information relating to subsurface conditions of the Premises
<br /> and Licensee's operations will be subject at all times to the liability provisions herein.
<br /> 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom
<br /> of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior
<br /> to construction. This study is to determine if granular material is present, and to prevent
<br /> subsidence during the installation process. If the investigation determines in Licensor's
<br /> reasonable opinion that granular material is present, Licensor may select a new location
<br /> for Licensee's use, or may require Licensee to furnish for Licensor's review and approval,
<br /> in Licensor's sole discretion, a remedial plan to deal with the granular material. Once
<br /> Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole
<br /> cost and expense, carry out the approved plan in accordance with all terms thereof and
<br /> hereof.
<br /> 12.3 No wells shall be installed without prior written approval from Licensor.
<br /> 12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely
<br /> covered and secured at all times when Licensee is not working in the actual vicinity thereof.
<br /> Following completion of that portion of the work, all holes or borings constructed on the
<br /> Premises by Licensee shall be:
<br /> 12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
<br /> 12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement.
<br /> No excavated materials may remain on Licensor's property for more than ten (10)
<br /> days, but must be properly disposed of by Licensee in accordance with applicable
<br /> Legal Requirements.
<br /> 12.5 For any and all excavation permitted under this License, if removal of soils or other such
<br /> material as wastes is required, Licensee shall be deemed the generator of that waste. All
<br /> waste shall be appropriately managed and properly disposed of at an appropriately-
<br /> licensed facility in accordance with all applicable Legal Requirements, including
<br /> manifesting requirements.
<br /> 12.6 All fill materials to be imported to Licensor's property shall be certified clean fill or from a
<br /> source specifically approved by Licensor, and supporting documentation shall be provided
<br /> to Licensor upon request.
<br /> LIABILITY AND INSURANCE
<br /> 13. Liability and Indemnification.
<br /> 13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
<br /> companies, partners, successors, assigns, legal representatives, officers, directors,
<br /> shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
<br /> penalties,costs, damages, losses, liens, causes of action, suits, demands,judgments,and
<br /> expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
<br /> investigation, removal and remediation, and governmental oversight costs) environmental
<br /> or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents,
<br /> 32330630.2 5 Form 424;Rev.20190916
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