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6 <br /> Tracking##16-55547 <br /> s no <br /> y or <br /> gation to <br /> r <br /> Licensee's <br /> right of the Premisesrpartiesetermine the safensor natureathe thereof, it beingsolelyLicensee's <br /> suse of the <br /> by <br /> responsibility to ensurersthat Licensee's granted of this the Section will alter emises is safe. the liabil y allocation provided by <br /> by Licensor to exercise anyrights <br /> this License. <br /> in the <br /> 11.6 Licensee a ,at its sole Pipeline <br /> inedw expense,at any time endanger otruct and r interfere with(I)the existence or use <br /> eline in such a manner and <br /> of present material <br /> that trhe P p <br /> of en s r or ore future tracks, roadbeds, <br /> or(iii)r theproperty <br /> ights or interests (ii)the safe <br /> rd parties.The'constructionties of <br /> of the <br /> ipeexisting thirdp <br /> and any subsequent maintenance <br /> Pipeline shall le ed within <br /> hin(1 one year 1 oyear nitiation Effective <br /> Within fifteen (15)days after completion of the <br /> shall be completed within one (1) <br /> Licensee <br /> constructionaof s ownine or the costand expense,restonce re the Pref any m ses to substantially theequent maintenance ir state as of the <br /> shall, at Licens On or before expiration <br /> Effective Date,unless otherwise approved in advance by Licensor in writing. <br /> or of this License <br /> } conditions shall, surrender <br /> the Premises to Licensorpursuant to the terms and st forth in Section 24 heeof. <br /> or more of <br /> d engineers to observe or inspect the <br /> on and/or <br /> 11.7 maintenance <br /> may direct one <br /> at anytime forlcompl compliance with the Drawings and Specifications and Legal <br /> maintenance of the <br /> 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 <br /> to lf torderY <br /> he oed at le satpan chime to of shalt construct on aall <br /> r <br /> costs of such inspection will be borne by <br /> Lice see. <br /> nnel due to non-comPliance with the Drawings and <br /> Specifications <br /> oftheoeaz Licensor's <br /> condition, Licensee shall immediately do so. otwiths anding <br /> thforegoing <br /> or any other <br /> the foreoiright 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 /> is constructed and <br /> maintainedaccordance <br /> ecifications in safe and workmanlike annr in compliance wihall temshereofNetherheexercise of, nor <br /> the <br /> failure Licensor ts <br /> exercise,any right granted this <br /> Sectionsole er in any way the I <br /> lity <br /> alon prfby th LicenseIf at any tme Licenseeshin the judgmet of Licensor,fail <br /> to properly perform <br /> its obligations under this Section 11,Licensor may,at its option and at Licensee's <br /> deems necessary for the <br /> oexpense, arrangeafor c performance <br /> shall promptly reimbursetLice Licensor for all costs and expensesof'ts <br /> of <br /> operations and activities. obligations of <br /> such work, pursuant to the terms of Section 8. Licensor's failure to perform any g <br /> Licensee shall not alter the liability allocation hereunder. <br /> 12. Borinc and Excavation. <br /> on, or similar work on or about any <br /> 12.1 Prior to Licensee cshall <br /> expany lore the proposed location for such work with hand tools to a portion <br /> epth of t <br /> Premises,heLicensee p <br /> least three(3)feet belovided howevethe surface of r,groundhat n lieu of the foregoing,Licensee shallthave the right <br /> to <br /> exist belowthe surface, �__. practiceconsultingwith <br /> to use suitable detection equipmenf ar other generally accepted industry (e.g., <br /> ther <br /> the Underground Association) <br /> to dril ngjor excavatingo determine the withxistence or location of Mechanized equipment.elines and Licensee may <br /> subsurfaceuesf structures priorconcerning the existence and approximate location of Licensor's <br /> request information from Licensorine by <br /> underground lines,utilities,and pipelines at or near the vicinityyof the proposed <br /> ds ipolinstaliationtaofc ting <br /> ng <br /> Licensor's Telecommunications Helpdesk at least thirty(3 <br /> ) <br /> Y prior <br /> see <br /> Pipeline. Upon receiving Licensee's timely reguest,Licensor existing undergrolunrovide d lines,tutilities, and p pe th the f n sat or <br /> ormation <br /> Licensor has in its possession regarding any identify the location of such lines on the <br /> near the vicinity of the proposed Pipeline and, if applicable, <br /> Premises pursuant Licensor's standard procedures. accuracy <br /> completeness fnformaeon relatng o ubsurfacecondii ons of the Premises does not warrant andLicensee's <br /> operations will be subject at all times to the liability provisions herein. <br /> om of <br /> 12.2 For all bores greater#hor 26-inch and deth less than nbelow <br /> trail, <br /> soil investigation must be performed by Licensee rviewed by Licensor prior toconsructionThis <br /> Form 424:Rev.201400801 • <br />