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Tracking#15-52141
<br /> Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or
<br /> obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being
<br /> solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the
<br /> exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability
<br /> allocation provided by this License.
<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 existence
<br /> or use of present or future (racks, roadbeds, or property of Licensor, (ii) the safe operation and
<br /> activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The
<br /> construction of the Pipeline shall be completed within one (1) year of the Effective Date, and any
<br /> subsequent maintenance shall be completed within one(1)year of initiation. Within fifteen (15)days
<br /> after completion of the construction of the Pipeline or the performance of any subsequent
<br /> maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to
<br /> substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor
<br /> in writing. On or before expiration or termination of this License for any reason, Licensee shall,at its
<br /> sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set
<br /> forth in Section 24 hereof,
<br /> 11.7 Licensor may direct one or more of its field engineers to observe or inspect the construction and/or
<br /> maintenance of the Pipeline at any time for compliance with the Drawings and Specifications and
<br /> Legal Requirements (defined below). In addition to the foregoing, Licensor may, at Licensor's sole
<br /> discretion, require Licensee to complete an inspection of the construction and/or maintenance of the
<br /> Pipeline at any time,such inspection to be performed to the sole satisfaction of Licensor. Any and all
<br /> costs of such inspection will be borne by Licensee. If ordered at any time to halt construction or
<br /> maintenance of the Pipeline by Licensors personnel due to non-compliance with the Drawings and
<br /> Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding
<br /> the foregoing right of Licensor,the parties agree that Licensor has no duty or obligation to observe or
<br /> inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the
<br /> Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and
<br /> in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor
<br /> the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability
<br /> allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor,
<br /> fail to properly perform its obligations under this Section 11, Licensor may, at its option and at
<br /> Licensee's sole expense, arrange for the performance of such work as it deems necessary for the
<br /> safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and
<br /> expenses of such work, pursuant to the terms of Section 8. Licenser's failure to perform any
<br /> obligations of Licensee shall not alter the liability allocation hereunder.
<br /> 12. Boring and Excavation.
<br /> 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the
<br /> Premises, Licensee shall explore the proposed location far such work with hand tools to a depth of at
<br /> least three (3) feet below the surface of the ground to determine whether pipelines or other
<br /> structures exist below the surface, provided, however, that in lieu of the foregoing, Licensee shall
<br /> have the right to use suitable detection equipment or other generally accepted industry practice(e.g.,
<br /> consulting with the Underground Services Association) to determine the existence or location of
<br /> pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment.
<br /> Licensee may request information from Licensor concerning the existence and approximate location
<br /> of Licensor's underground lines, utilities,and pipelines at or near the vicinity of the proposed Pipeline
<br /> by contacting Licensor's Telecommunications Helpdesk at least thirty (30) business days prior to
<br /> installation of the Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee
<br /> with the information Licensor has in its possession regarding any existing underground lines, utilities,
<br /> and 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 warrant
<br /> the accuracy or completeness of information relating to subsurface conditions of the Premises and
<br /> Licensee's operations will be subject at all times to the liability provisions herein.
<br /> Form 424;Rev.201400801
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