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f � � `- <br /> y <br /> The for-eoing grant is subject aid suordlsate -tro <br /> the prior and oo ntinuing right and obligation{of the. R i road <br /> Company to use and-maintain it's,:.entire raid roads right o wey <br /> in the per for inane e of its public duty; mss, a common°carder, <br /> and is al so subject to the right and ",power:-of the--Ra.i road <br /> Company to construct, maintain, repair dperate, <br /> change, modify or relocate railroad tracks, tel-egr.apY le ,j <br /> phone= signal o r other wire lines, pipe line and o .Y�er fa <br /> cilities upon, along or across any or: all pacts; of said right. <br /> of way , all or any of valich may b e freely done at ari trine or <br /> times by the Railroad Company "without= liability to".t e L cen .: <br /> see or to any other party for compensation or damages. <br /> The ,foregoing'grant is also subject- to all butstand- 4 <br /> ing superior rights (including those in f-avor of teleraph and } <br /> telephone companies, lessees of -said..right of way, an other) <br /> and the right of the Railroad Company to renew and extend "the <br /> same. = <br /> Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION <br /> The Pipe Line shall be constructed, opperated 9 main <br /> tained repaired, renewed and/or reconstructed "by the Licensee <br /> in strict conformity with Union Pacific.Railroad Co. Common <br /> Standard Specification 1029 adopted Novenber 1949, and all <br /> amendments thereof and supplements thereto, which are hereby, <br /> by reference, made a part hereof. A `copy =of said "S:pecifica- <br /> tion 1029 is on file in the office of the Chief Engineer of <br /> the Railroad Company-and a copy thereof" has heretofore been <br /> furnished to the Licensee. _ <br /> In the event said specaf ication_conflicts: in any <br /> detail wi th the requirements of any:federal. State or munici- <br /> pal law or r:egulation,' such requirements. shall:=:govern =on all <br /> points of conflict, but in all other"respects said specific. <br /> tion shall apply <br /> The Licensee shall keep and maintain the-soil over <br /> the Pipe Line thoroughly compacted :and --the grade;even'-with <br /> the ad_jacent. surface of the ground. <br /> "- All work performed on said right of -way in connec- <br /> tion with the construction, maintenance, repair , renewal or <br /> reconstruction of the Pipe Line shall be)'.done- under the <br /> supervision and to the satisfaction.of the Railroad Company. <br /> Prior to the commencement- of any work insconne.ct.i n <br /> ith the construction, maintenance, repair, renewal_ or eon- <br /> struction of-.the Pipe Line where it passes underneath th°e <br /> roadbed and track or tracks of the Railroad Company; the Li- <br /> censee shall submit to the Railroad Company plans setts g oit <br /> he method and manner of handling the Torok and: shall not <br /> ceed with the-Work until such plans_"shall nhave been ps ap ed <br /> by the Chief Engineer of the Railroad Company and then only <br /> nder the supervision of said Chief Engineer flr hest au'th`o > , <br /> ized representative. The Railroad Company slur. have th-ems <br /> ight, if it s6 ,elects, to _ r_ovide sub supppor=t as pit mays <br /> •eem. necessary for"_.the safety of its said trams c _�raro der <br /> n€ the time of construction2 maintena oe, repair, .renewal or <br /> econstructi on of the :Pipe. Line, and` in the event,theairoa• - <br /> omppany provides such support ,,the- <br /> i•ai 1 ro ad Company,; -within fifteen d s after bills shat ;hive.' <br /> •een r:endereed. therefor all ex.pp ens e ncurred by the Rat oad � � ` <br /> ompany in connection therewith, whichsa id e ease sea z�n �, <br /> lude all assignable costs plus ten 3e'r o nt (1 /0) to t � <br /> -lements of-e en se not dap able-of exact ahoertainme .: r - <br /> G&• <br /> "B" 4 9 _ 2 <br />