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7o <br /> • <br /> PLX <br /> New <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 /> phone, signal or other pole and wire lines, pipelines and <br /> 'other facilities upon, along or across any or all parts of <br /> said right of way, all or any of which may be freely done at <br /> any time or times by the Railroad Company without liability <br /> to the Licensee or to any other party for compensation or <br /> ',damages. <br /> The foregoing grant is also subject to all outstand- <br /> ling superior rights (including those in favor of telegraph and <br /> telephone companies, lessees of said right of way, and others) <br /> land the right of the Railroad Company to renew and extend the <br /> ',same. <br /> • <br /> :Section 2. CONSTRUCTION AND J4AINTENANCE. <br /> The Pipe Line shall be constructed, maintained, re- <br /> paired, renewed, modified and/or reconstructed by and at the <br /> ;expense of the Licensee and all work on said right of way in <br /> connection therewith shall be done under the supervision and <br /> to the satisfaction of the Railroad Company. All expenses <br /> incurred by the Railroad Company in connection with said work <br /> Ifor supervision or inspection, or otherwise, shall be borne <br /> by the Licensee. <br /> The portion or portions of the ripe Line located, or <br /> to be located, underneath said track or tracks shall consist <br /> 5-inch- aluminum removable irrigation pipe enclosed <br /> lof in 24 feet of steel casing 10 inches in diameter, <br /> placed at a depth of not less than 2.5 feet below the <br /> base of the rails of said track or tracks, and prior to the <br /> commencement of any work in connection with such portion or <br /> ',portions of the Pipe Line (whether of construction, mainte- <br /> !nance, repair, renewal, modification, relocation, reconstruc- <br /> tion or removal) , the Licensee shall submit to the Railroad <br /> Company plans setting out the method and manner of handling <br /> the work and shall not proceed with the work until such plans <br /> shall have been approved by the Chief Engineer of the Railroad <br /> 'Company and then only under the supervision of said Chief En- � <br /> ;gineer or his representative. The Railroad Company shall have <br /> ',the right, if it so elects, to provide such support as it may <br /> deem necessary for the safety of its track or tracks during <br /> the time such work is being done, and, in the event the Rail- <br /> •oad Company provides such support, the Licensee shall pay to <br /> the Railroad Company, within fifteen days after bills shall <br /> have been rendered therefor, all expense incurred by the Rail- <br /> road Company in connection therewith, which said expense csall <br /> !include all assignable costs plus ten per cent (10%) <br /> elements of expense not capable of exact ascertainment. <br /> The Licensee shall keep and maintain the soil over <br /> the Pipe Line thoroughly compacted and the grade even with the <br /> adjacent surface of the ground. <br /> PLX 2 <br />