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Tracking #25W-24305/BF-20565661 <br /> - 3 - Form 424; Rev. 20200605 <br /> <br /> <br />11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on <br />behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. <br /> <br /> 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other <br />activity using mechanized equipment and/or machinery, or place or store any mechanized <br />equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad <br />track on the Premises unless Licensee has obtained prior written approval from Licensor. <br />Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, <br />including without limitation all construction and maintenance of the Pipeline, in such a manner <br />and of such materials as not at any time to endanger or interfere with (i) the existence or use of <br />present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of <br />Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease <br />using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee <br />shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that <br />Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the <br />safe nature 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 granted <br />in this Section will alter the liability allocation provided by this License. <br /> <br />11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner <br />and of such material that the Pipeline will not at any time endanger or interfere with (i) the <br />existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe <br />operation 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 Effective <br />Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within <br />fifteen (15) days after completion of the construction of the Pipeline or the performance of any <br />subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore <br />the Premises to substantially their state as of the Effective Date, unless otherwise approved in <br />advance by Licensor in writing. On or before expiration or termination of this License for any <br />reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant <br />to the terms and conditions set forth in Section 24 hereof. <br /> <br />11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the <br />construction and/or maintenance of the Pipeline at any time for compliance with the Drawings <br />and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor <br />for the cost of such observation or inspection related services pursuant to Section 8. If ordered <br />at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to <br />non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee <br />shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that <br />Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being <br />solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict <br />accordance with the Drawings and Specifications and in a safe and workmanlike manner in <br />compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, <br />any right granted by this Section will alter in any way the liability allocation provided by this <br />License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform <br />its obligations under this Section 11 , Licensor may, at its option and at Licensee's sole expense, <br />arrange for the performance of such work as it deems necessary for the safety of its operations <br />and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such <br />work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee <br />shall not alter the liability allocation hereunder. <br /> <br />12. Boring and Excavation. <br /> <br /> 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of <br />the Premises, Licensee shall contact the applicable State's call-before-you -dig utility location <br />service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed <br />location for such work with hand tools to a depth of at least three (3) feet below the surface of the