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0 <br />(across said right of way and under said tracks in the locatioi <br />described in the Recitals hereof. <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 wire lines, pipe lines and other fa- <br />�cilit Jes upon, along, or across any or all parts of said right <br />of way, i all or. any of vhich may freely done at any time or <br />(times by the Railroad Company without lability to the Licen- <br />see or to any other party for compensation or damages. <br />The foregoing rant is also subject to all outstand- <br />ing superior rights (inc uding those in favor of telegraph and <br />Itelephone 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 />Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. <br />The .Pipe Line shall be constructed, opperated, 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 Bur- <br />in€ 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 exppense incurred by the Railroad <br />Company in connection Lerewith, which said expense shall in- <br />clude all assignable costs plus ten per cent (loo) to cover <br />elements of expense not capable of exact ascertainment, <br />"Bw fl/49 2 <br />J�k <br />