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<br /> � I�IISCELLAN�OUS RECORD V
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<br /> 29058-TN[11U60fTiNECO.CRANDifLAND.N!!R. , �
<br /> The foregoing grant is also sub,j�et �o all outstanding superior right� (including
<br /> thase in favor of telegraph and telephone compan�:��s, lessees of said right of way, and
<br /> . others) and th� right of the Railroad Company to renew and extend the same.
<br /> Section 2. CONSTRUCT20N, MAINTENANCE AND OPERATION.
<br /> The Pipe Line shall be constructed, operated, main�ained, repaired, renewed and/or
<br /> reconstructed by th� Lic�nsee in strict conf ormity with Union Pacific System Common
<br /> I utandard Specification 1029 which is hereby, by refere�ce, made a part hereof; SAVING
<br /> AND EXCEPTING that the Licensee may, if it so elects, omit the gate val��s specified in
<br /> paragraph 3 of said Specification 1029. A copy of said Specification 1029 is on file
<br /> in the offie� of' the Chief Engineer of the Railroad Company and a copy thereof has
<br /> here�ofore be�n furnished to �Ghe Licensee.
<br /> 2he Licensee shall keep and maintain the so�l ov�r the Pipe Line thoroughly compacted
<br /> and �he grade ev�n wS.'�h the ad�acent surface of �he ground.
<br /> Prior to the comm�ncement of �.ny work in connection with the cons�rue�ion,. maintenance,
<br /> repa,3.r, renewal or reconstruction of the Pipe Line where i'� passes underneath the road-
<br /> bed and track or �rack� of tne Railroad Compa,ny, the Licensee sha.11 submi� to the Ra,i1-
<br /> road' Company plang s�tting out '�he me�hod and manner of hand].ing the work and ahall not
<br /> proceed wi'�h the work until such plans �hall have been appr.oved by th� Chief Engineer
<br /> of the Railroad Company and then only und�r the supervision of �aid Chi�f Engine�r or
<br /> or his representativ�. The Rai].road Company sha11 have the right, if it so elects, to
<br /> provide �uch support as it may deem necessary for the saf'e'�y of i�s track or tracka
<br /> during the tim� of eons�ruc�ion, maintenance, repair, renewal or r�construction of the
<br /> P�pe L�.ne, and in the event the Ra3.lroad Company provides such support �he Licensee
<br /> shall pay to the Railroad Company, within fifteen days after bills aha11 have been
<br /> rendered therefor, all exp�nse 3ncurred by the Railroad Company 3.n connection �her�with,
<br /> which said expense sha11 include all assignable costs plus t�� per cent (10�) to cover
<br /> elements of expense no� capable of exact aseertainment.
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<br /> Sect�.on 3. NOTICE OF COMMENCEMENT OF WORK.
<br /> The Licensee shall no�ify the Railro�,d Company at least f or�y-eight hours in advanae
<br /> of the commencement of any work upon said right of way in conneetion with the congtruc�ion,
<br /> maintenance, repair, renewal or recons�ruetion of the Pipe Line.
<br /> Section 4. LTCEIVSEE TO BEAR EAITIRE EXPENSE.
<br /> The L3.censee shall bear the entire aost and expense incurred in connectian with the
<br /> cons�ruc�ion, maintenanee, repair and renewal and any and aIl modifica�ion, revision,
<br /> relo�cation, removal or recons'�ruction of the Pipe L3.ne, including any and all expense
<br /> which may be incurred by thE Railroad Cornpany in connec�ion therewith for supervision
<br /> or inspeetion, or otherwis�.
<br /> Section 5. MODIFICATION OR RELOCATION OF PSPE LINE.
<br /> Th� Licens�� shall, at its sole expense, make any and all modifications or changea
<br /> in the Pipe Line, or move a11 or any part thereof to such new location as may be required
<br /> by �Ghe Railroad Company at any time in connection ti�ith �he cons�ruetion, maintenance,
<br /> repair, r�newal, use, opera�io n, change, modif3.cation or relocation of railroad tracks,
<br /> �e1��raph, �elephone, .aignal or other pole and w3.�e lines, pipe lineg and other facilities
<br /> of tile Railroad Company upon said right of way.
<br /> Al1 the terms, conditions and stipulations herein expressed with refer�nce to the
<br /> congtruction, main�enance, repair and renewal of the Pipe Line on said right of way 1n
<br /> the location h�reinb�fore described sha,1.1 apply to �he Pipe Line as modified, cha,nged
<br /> or relocated within the contemplat3.on of this section.
<br /> Section 6. PIPE LSNE NOT TO INTERFERE .WITH OPERATION OF RA�LROAD .
<br /> The Pipe Line �ha11. be constructed and, at a11 times, maintained, repaired, renewed
<br /> and operat�d in such mann�x as to cause no inter�'erence whatsoever with the cong�an'�,
<br /> continuous and �ninterrupted use of the trae�s, prop�r�y and premises of '�he Railroad
<br /> Company, and nothing sha11 be done or suffered �o be done by the Licensee at any time
<br /> that �tould in any manner impair the �afety thereof. .
<br /> S�ction 7. CLAIMS AND LIENS FOR LABOR AND MATERIAL•-=TAXES.
<br /> �She Licensee shall fully pay for a3.1 materials �joined or affixed to ����. labor
<br /> p�rf ormed upon said right of way in connection with the construction, maintenance, repair,
<br /> renewal or reconstruction of the Pipe Line, and shall no� permit or suffer any mechanic� s
<br /> or materialman� s lien of any kind or nature to be enforced against said right of way
<br /> f or any work done or mat�rial� furnished thereon at the instanc�
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<br /> or r�ques� or on behalf of �he L3.censee; and �he LicenSee sha11 indemnify and hold
<br /> � harmless th� Railroad Company from and against any and a11 liens, elaims, demands, cos�s
<br /> and .expEnses of whatsoever nature in any way canneeted with or grow:�:ing out of. such
<br /> work-done, labor performed, or ma�erials furnished.
<br /> .�, - The L�.cens�e shall promptly pay or discharge all �axes, rates, charge� and asaessments
<br /> � , l�vied upon, in respect to, or on account of the Pipe Line, so as to prevent the same
<br /> becom3:ng a charge or lien upon sa3.d right of way, or any o�her property of �he Ra3.lroad
<br /> _ _ Company, and so that the taxes, charges and assessmen�s levied upon or in respect to �
<br /> said right of way and other property of the Aailroad Company shall not be incr�ased
<br /> because of the location, cons�ruction or maintenance of �he Pip� Line or any improvement, ,
<br /> � �.ppliance or fix�ure connected �hErewi�h placed upon said right of way, or on account
<br /> , � of �he Licensee� s intere�t therein. Where such tax, charge or ass�ssment may no'� be
<br /> ' �ep�.rately made or assessed to �he L�.cenaee b�zt shall. be included in th� a�sessment of
<br /> - '�he �ight of way ar other property of the Railroad Company, then the Licen�ee shall pay
<br /> . to the Ra3,lroad Company an equi�abl� proportion of SUCrI. Y&Re5 de�ermined by the value
<br /> •of the Li.censee� s proper�y upon said right of way as compared with the entire value of
<br /> �aid right of Vray.
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