|
Tracking #25W-24305/BF-20565661
<br /> - 4 - Form 424; Rev. 20200605
<br />
<br />ground to determine whether pipelines or other structures exist below the surface, provided,
<br />however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use
<br />suitable detection equipment or other generally accepted industry practice (e.g ., consulting with
<br />the United States Infrastructure Corporation) to determine the existence or location of pipelines
<br />and other subsurface structures prior to drilling or excavating with mechanized equipment.
<br />Licensee shall request information from Licensor concerning the existence and approximate
<br />location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the
<br />proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800 -
<br />533-2891 (option1, then option 7), at least ten (10 ) business days prior to installation of the
<br />Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
<br />information Licensor has in its possession regarding any existing underground lines, utilities, and
<br />pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of
<br />such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not
<br />warrant the accuracy or completeness of information relating to subsurface conditions of the
<br />Premises and Licensee's operations will be subject at all times to the liability provisions herein.
<br />
<br />12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of
<br />rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to
<br />construction. This study is to determine if granular material is present, and to prevent subsidence
<br />during the installation process. If the investigation determines in Licensor's reasonable opinion
<br />that granular material is present, Licensor may select a new location for Licensee's use, or may
<br />require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a
<br />remedial plan to deal with the granular material. Once Licensor has approved any such remedial
<br />plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan
<br />in accordance with all terms thereof and hereof.
<br />
<br />12.3 No wells shall be installed without prior written approval from Licensor.
<br />
<br />12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered
<br />and secured at all times when Licensee is not working in the actual vicinity thereof. Following
<br />completion of that portion of the work, all holes or borings constructed on the Premises by
<br />Licensee shall be:
<br />
<br />12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
<br />
<br />12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
<br />excavated materials may remain on Licensor's property for more than ten (10) days, but
<br />must be properly disposed of by Licensee in accordance with applicable Legal
<br />Requirements.
<br />
<br />LIABILITY AND INSURANCE
<br />
<br />13. Liability and Indemnification .
<br />
<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 or
<br />otherwise; and (c) "Licensee Parties " means Licensee and Licensee's officers, agents, invitees,
<br />licensees, employees, or contractors, or any party directly or indirectly employed by any of them,
<br />or an y party they control or exercise control over.
<br />
<br /> 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE
<br />ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
<br />INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,
|