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Tracking#10-41274 <br /> existence or location of pipelines and other subsurface structures prior to drilling <br /> or excavating with mechanized equipment. Licensee may request information <br /> from Licensor concerning the existence and approximate location of Licensor's <br /> underground lines, utilities, and pipelines at or near the vicinity of the proposed <br /> PIPELINE by contacting Licensor at telephone number 1-800-362-9624 (option <br /> 1, option 2, and then option 4) at least thirty (30) business days prior to <br /> installation of the PIPELINE. Upon receiving Licensee's timely request, Licensor <br /> will provide Licensee with the information Licensor has in its possession <br /> regarding any existing underground lines, utilities, and pipelines at or near the <br /> vicinity of the proposed PIPELINE and, if applicable, identify the location of such <br /> lines on the Premises pursuant to Licensor's standard procedures. Licensor <br /> does not warrant the accuracy or completeness of information relating to <br /> subsurface conditions and Licensee's operations will be subject at all times to the <br /> liability provisions herein. <br /> (b) For all bores greater than 26-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 /> 16. Any open hole, boring or well constructed on the 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 Licensor's property for <br /> more than ten (10) days, but must be properly disposed of by Licensee in <br /> accordance with applicable Legal Requirements. <br /> 17. Upon termination of this License, Licensee shall, at its sole cost and expense: <br /> (a) remove the PIPELINE and all appurtenances thereto from the casing, the casing <br /> pipe will be filled with sand, capped on both ends with steel plates, and then <br /> abandoned in place to appropriately decommission the casing satisfactory to <br /> Licensor; <br /> (b) report and restore any damage to the Premises arising from, growing out of, or <br /> connected with Licensee's use of the Premises; <br /> (c) remedy any unsafe conditions on the Premises created or aggravated by <br /> Licensee; and <br /> Form 424;Rev.04/26/05 <br /> -572 <br />