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Tracking#16-55547
<br /> foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor
<br /> Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's
<br /> responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure
<br /> by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by
<br /> this License.
<br /> 11.6 Licensee shall,at its sole cost and expense,construct and maintain the Pipeline in such a manner and
<br /> of such material that the Pipeline will not at any time endanger or interfere with(i)the existence or use
<br /> of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of
<br /> Licensor or existing third parties, or(iii)the rights or interests of third parties. The construction of the
<br /> Pipeline shall be completed within one(1)year of the Effective Date,and any subsequent maintenance
<br /> shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the
<br /> construction of the Pipeline or the performance of any subsequent maintenance thereon, Licensee
<br /> shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the
<br /> Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration
<br /> or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender
<br /> the Premises to Licensor pursuant to the terms and conditions set 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 Legal
<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 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 Licensor's 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,fail
<br /> to properly perform its obligations under this Section 11, Licensor may,at its option and at Licensee's
<br /> sole expense, arrange for the performance of such work as it deems necessary for the safety of its
<br /> operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of
<br /> such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of
<br /> 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 for 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 structures
<br /> exist below the surface, provided, however, that in lieu of the foregoing, Licensee shall have the right
<br /> to use suitable detection equipment or other generally accepted industry practice(e.g.,consulting with
<br /> the Underground Services Association)to determine the existence or location of pipelines and other
<br /> subsurface structures prior to drilling or excavating with mechanized equipment. Licensee may
<br /> request information 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 Pipeline by contacting
<br /> Licensor's Telecommunications Helpdesk at least thirty(30) business days prior to installation of the
<br /> Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information
<br /> Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or
<br /> near the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on the
<br /> Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or
<br /> completeness of information relating to subsurface conditions of the Premises and Licensee's
<br /> operations will be subject at all times to the liability provisions herein.
<br /> 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a
<br /> soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This
<br /> Form 424;Rev.201400801
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