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_ /8- <br /> The foregoing grant is subject and subordinate to <br /> the prior and continuing right and obligation of the Railroad <br /> Company to use and maintain its entire railroad right of way <br /> in the performance of its public duty as a common carrier, <br /> and is also subject to the right and power of the Railroad <br /> Company to construct, maintain repair , renew, use, operate, <br /> change, modify or relocate railroad tracks, telegraph, tele- <br /> I phone: signal or other wire lines, pipe lines and other fa- <br /> cilities upon, along or across any or all parts of said right <br /> of way , all or any of v!hich may be freely done at any time or <br /> • times, by the Railroad Company without liability to the Licen- <br /> see or to any other party for compensation or damages. <br /> The foregoing grant is also subject to all outstand <br /> ing superior rights (including those in favor of telegraph an• <br /> telephone companies, lessees of said right of way and others) <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, operated , 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 Novanber 1949, and all <br /> amendments thereof and supplements thereto, which are hereby, <br /> by reference, made a part hereof. A copy of said Specifica- <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 specification conflicts in any <br /> detail with the requirements of any federal , state or munici- <br /> pal law or regulation, such requirements shall govern on all <br /> points of conflict, but in all other respects said specifica- <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 adjacent 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 in connection <br /> with the construction, maintenance, repair, renewal or recon- <br /> struction of the Pipe Line where it passes underneath the <br /> roadbed and track or tracks of the Railroad Company, the Li- <br /> censee shall submit to the Railroad Company plans setting out <br /> the method and manner of handling the work and shall not pro- <br /> ceed with the work until such plans shall have been approved <br /> by the Chief Engineer of the Railroad Company and then only <br /> under the supervision of said Chief Engineer or his author- <br /> ized representative. The Railroad Company shall have the <br /> !right, if it so elects, to provide such support as it may <br /> ' deem necessary for the safety of its, said track or tracks dur- <br /> ' ing the time of construction: maintenance, repair, renewal or <br /> reconstruction of the Pipe Line, and in the event the Railroad <br /> ! Company provides such support the Licensee shall pay to the <br /> Railroad Company, within fifteen days after bills shall have <br /> been rendered therefor, all expense incurred by the Railroad <br /> Company in connection therewith, which said expense shall in- <br /> clude all assignable costs plus ten per cent (1O%) to cover <br /> elements of expense not capable of exact ascertainment. <br /> P <br /> "B" 11 49 <br />