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<br /> the fore oing grant is subject and- subordinate to
<br /> the prior eri-d at nutng right- and obligation of the Railroad
<br /> Company to uae aria ma ntai;n its;entire railroad right of;,way -
<br /> in the;per`formano•E of fts pul llc duty as =a common:carrier,
<br /> and is al'so,:subject to the right ands power of the _Railroad
<br /> Company to construct, `maintain-` repair,, 'renew,"'use, operate,
<br /> change, modify or relocate railroad,.tracks, telegraph, ,tele-
<br /> phone s_-signal o r other wire lines,.pipe -lines.and other fa-
<br /> cilities -upon, along ,or across any or all parts of said right
<br /> • Iof way , all ;or any of`which may,-be 'freely done at any time or fl
<br /> titres by the Railroad;Company.;without liability to the Licen-
<br /> see or to .any_other party for- compensation or damages;
<br /> The foregoing i
<br /> c rant..is also subject to all outstand-
<br /> ing superior rights (including those n favor of telegraph and
<br /> telephone companies, lessees of said right of way and others) 4
<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 November-1949, and all
<br /> amendments thereof and supplements thereto,, which are her•eby,�
<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 j
<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 the ;.Chief`-Engineer of the Railroad Company and then only
<br /> under the supervision of .;said ;Chief-Engineer,-or his author
<br /> •ized re resentative. The ,Railroad Company shall have the-
<br /> right, if it so elects, to `provide such as it may
<br /> deem necessary for. the-e- safety of its-said- track. or ;;tracks' dur
<br /> t ing the time of constructions maintenance, repair, renewal or
<br /> reconstruction of the ->Pipe'.L-ine, and-in the event the-Railroad
<br /> Company provides 'such-suppport the Licensee shall -,pa to ,the •
<br /> Railroad Coma ,. ►ithi,n fifteen days after. bills =shall-have
<br /> been-, renderherefor, all expense incurred by the Railroad'
<br /> Company in connection therewith, which said e - ense' sha1-1 in •
<br /> . - elude all assign.ble cos s-is plu t en per event 0) to cd vex!
<br /> elements of„exp.ense not e pab1e -of exact ascertainment. ..
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