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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 reppair, renew, use, operate, <br />change, modify or relocate railroad tracks telegraph, tale- <br />phone signal or other wire lines, pipe lines and other fa- <br />cilit es upon, along or across any or all parts of said night <br />of way, all or any of v�>hich may be freely done at an 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 rant is also subject to all outstand- <br />ing superior rights (inc uding those in favor of telegraph and <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, 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 November 1949, and all <br />amendments thereof and supplements thereto, which are hereby, <br />I 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 />i 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 />I 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 />itceed with the work until such plans shall have been approved <br />by the Chief Engineer of the Railroad Company and then only <br />�Iunder the supervision of said Chief Engineer or his author - <br />ized representative. The Railroad Can any 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 />Comppany 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 />Comppany in connection herewith, which said expense shall in <br />clude all assignable costs plus ten per cent (.105.) to cover <br />lelements of expense not capable of exact ascertainment. <br />G& <br />P <br />"g,r 49 2 <br />