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Form Approved 02-24485 <br /> By VP Law <br /> shall not release Licensee from liability hereunder for loss or damage occasioned <br /> thereby. <br /> 13. If at any time during- the term of this License, Licensor shall desire the use of its rail <br /> corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with, <br /> by License's access, Licensee shall, at its sole expense. within thirty (30) days after <br /> receiving written notice from Licensor to such effect. make such changes in the access <br /> site as in the sole discretion of Licensor may be necessary to avoid interference with the <br /> proposed use of Licensor's rail corridor. <br /> 14. (a) Prior to Licensee conducting any boring work on or about any portion of the <br /> Premises, Licensee shall explore the proposed location for such work with hand <br /> tools to a depth of at least three (3) feet below the surface of the ground to <br /> determine whether pipelines or other structures exist below the surface. <br /> provided, however, that in lieu of the foregoing, the Licensee shall have the right <br /> to use suitable detection equipment or other generally accepted industry practice <br /> (e.g., consulting with the Underground Services Association) to determine the <br /> existence or location of pipelines and other subsurface structures prior to drilling <br /> or excavating with mechanized equipment. Upon Licensee's written request. <br /> which shall be made thirty (30) business days in advance of Licensee's <br /> requested entry on the Premises. Licensor will provide Licensee any information <br /> that Licensors Engineering Department has in its possession concerning the <br /> existence and approximate location of Licensor's underground utilities and <br /> pipelines on the Premises. Prior to conducting any such boring work, the <br /> Licensee will review all such material. Licensor does not warrant the accuracy or <br /> completeness of information relating to subsurface conditions and Licensee's <br /> operations will be subject at all times to the liability provisions herein. <br /> (b) For all bores greater than 20-inch diameter. and at a depth less than 10.0 feet <br /> below bottom of rail, a soil investigation will need to be performed by the <br /> Licensee and reviewed by Licensor prior to construction. This study is to <br /> determine if granular material is present, and to prevent subsidence during the <br /> installation process. If the investigation determines in Licensor's reasonable <br /> opinion that granular material is present. Licensor may select a new location for <br /> Licensee's use, or may require Licensee to furnish for Licensor's review and <br /> approval, in its sole discretion a remedial plan to deal with the granular material. <br /> Once Licensor has approved any such remedial plan in writing, Licensee shall, at <br /> its sole cost and expense, carry out the approved plan in accordance with all <br /> terms thereof and hereof. <br /> 15. Any open hole, boring or well constructed upon Premises by Licensee shall be safely <br /> covered and secured at all times when Licensee is not working in the actual vicinity <br /> thereof. Following completion of that portion of the work, all holes or borings constructed <br /> on the Premises by Licensee shall be: <br /> (a) filled in to surrounding ground level with compacted bentonite grout: or <br /> (b) otherwise secured or retired in accordance with any applicable Legal <br /> Requirement. No excavated materials may remain on the Premises for more <br /> than ten (10) days. but must be properly disposed of by Licensee in accordance <br /> with applicable Legal Requirements. <br /> 52 <br /> 4 of 13 Farm_23.Re:t0 17 02 <br />