|
Tracking#15-52141
<br /> 8. Payment Terms. All invoices are due thirty(30) days after the date of invoice. If Licensee fails to pay any
<br /> monies due to Licensor within thirty(30)days after the invoice date, then Licensee shall pay interest on such
<br /> unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last
<br /> published in The Wall Street Journal in the preceding December plus two and one-half percent (2-1/2%), or
<br /> (ii)the maximum rate permitted by law.
<br /> LICENSOR'S RESERVED RIGHTS
<br /> 9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other
<br /> parties who may obtain written permission or authority from Licensor:
<br /> 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication
<br /> pipe/lines/cables and appurtenances (other than the Pipeline)and other facilities or structures of like
<br /> character upon, over, under or across the Premises existing as of the Effective Date;
<br /> 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional
<br /> facilities, structures and related appurtenances upon, over, under or across the Premises; or
<br /> 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided
<br /> Licensor uses all commercially reasonable efforts to avoid material interference with the use of the
<br /> Premises by Licensee for the purpose specified in Section 4 above.
<br /> 10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail
<br /> corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline,
<br /> Licensee shall, at its sole expense, within thirty(30)days after receiving written notice from Licensor to such
<br /> effect, make such changes in the Pipeline as in the sole discretion of Licensor may be necessary to avoid
<br /> interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of
<br /> the Pipeline, or the construction of a new pipeline to replace the Pipeline. Notwithstanding the foregoing,
<br /> Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its
<br /> sole discretion,to the Pipeline promptly upon Licensor's request.
<br /> LICENSEE'S OPERATIONS
<br /> 11. Construction and Maintenance of the Pipeline.
<br /> 11.1 Licensee shall notify Licensor's Roadmaster, Stephen Chartier at 2900 Bond Street, Everett, WA
<br /> 98201, telephone (206) 512-9070, or email stephen.chartier@bnsf.com at least ten (10) business
<br /> days prior to installation of the Pipeline and prior to entering the Premises for any subsequent
<br /> maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry
<br /> onto the Premises at the telephone number above as soon as practicable and shall promptly
<br /> 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 all times
<br /> while on the Premises.
<br /> 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's
<br /> tracks to the other.
<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 /> 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 track
<br /> on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall,
<br /> at its sole cost and expense, perform all activities on and about the Premises in such a manner as
<br /> not at any time to endanger or interfere with (i) the existence or use of present or future tracks,
<br /> roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third
<br /> parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any
<br /> time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so.
<br /> Form 424;Rev.201400801
<br /> -2-
<br />
|