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9 <br /> Form Approved 02-24485 • <br /> By VP Law <br /> (b) to construct. maintain, renew. use. operate. change, modify and relocate any <br /> tracks- or additional facilities or structures upon, over.. under or across the <br /> Premises: or <br /> (c) to use-the Premises-in any manner as the Licensor in its sole discretion deems <br /> appropriate, provided Licensor uses all commercially reasonable efforts to avoid • <br /> material interference with the use of the Premises by Licensee for the purpose <br /> specified in Section 3 above. • <br /> LICENSEES OPERATIONS <br /> 11. (a) Licensee shall notify Licensor's Roadmaster at 2900 Bond Street, Everett WA <br /> 98201, telephone (425) 304-6690, at least five (5) business days prior to entering <br /> the Premises and prior to entering the Premises for any subsequent maintenance <br /> thereon (if applicable). After completion of use of the Premises for the purpose <br /> specified in Section 3. Licensee shall notify Licensor in writing that such use has <br /> been completed. <br /> (b) In performing the work described in Section 3. Licensee shall use only public <br /> roadways to cross from one side of Licensor's tracks to the other. <br /> 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, <br /> investigations or any other activity using mechanized equipment and/or <br /> machinery. or place or store any mechanized equipment. tools or other materials. <br /> within twenty-five (25) feet of the centerline of any railroad track on the Premises <br /> unless Licensee has obtained prior written approval from Licensor. Licensee <br /> shall, at its sole cost and expense, perform all activities on and about the <br /> Premises in such a manner as not at any time to be a source of danger to or <br /> interference with the existence or use of present or future tracks, roadbed or <br /> property of Licensor, or the safe operation and activities of Licensor. If ordered <br /> to cease using the Premises at any time by Licensor's personnel due to any <br /> hazardous condition. Licensee shall immediately do so. Notwithstanding the <br /> 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 <br /> thereof, it being solely Licensee's responsibility to ensure that Licensee's use of <br /> the Premises is safe. Neither the exercise nor the failure by Licensor to exercise <br /> any rights granted in this Section will alter the liability allocation provided by this <br /> License. <br /> • (b) Licensee shall, at its sole cost and expense and subject to the supervision of <br /> Licensor's Roadmaster. locate, construct and maintain the site in such a manner <br /> and of such material that it will not at any time be a source of danger to or <br /> interference with the present or future tracks. roadbed and property of Licensor. <br /> or the safe operation of its railroad. If at any time Licensee shall, in the judgment <br /> of Licensor. fail to perform properly its obligations under this paragraph, Licensor <br /> may, at its option. itself perform such work as it deems necessary for the safe <br /> operation of its railroad. and in such event Licensee agrees to pay. within fifteen <br /> (15) days after bill shall have been rendered therefore. the cost so incurred by <br /> Licensor. but failure on the part of Licensor to perform the obligations of Licensee <br /> • <br /> 51 3 of 13 F,,rrn 423:R `O 17.02 <br />