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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, repair, renew, use, operate,
<br />change, modify or relocate railroad tracks, tele ra h, tele-
<br />phone: signal or other wire lines, pipe lines an Nher fa-
<br />cilities upon, along or across any or all parts of said right
<br />of way, all or any of JAhich maybe 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 -1
<br />fine- superior rights (including those in favor of telep_raph and
<br />tele hone compani es, lessees of said ri @:ht of gay, and others) I
<br />and the right of the Railroad Company to renew and extend the
<br />same.
<br />Section 2. CONSTRUCTION, h,1AINT'E1\TAT'CL AND OPERATION.
<br />The Pipe Line shall be constructed, operated, main-
<br />tained, repaired, renewed and /or reconstructed by the Licensees,
<br />in strict conformity with Union Pacific Railroad Co. ComaLon
<br />Standard Specification 1029 adopted November 19L�9, and all
<br />anmendraents thereof and supplements thereto, which are hereby,
<br />by reference, made a part hereof. A copy of .:.id Sl,ecifica-
<br />tion 1029 is on file in the office of the Chief En o :ineer 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 vii th the requirements of any federal, state or munici-
<br />pal law or regulation, such requirements shall E,overn 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 Fipe Line thorouhly compacted and the grade even with
<br />the adjacent surface of the ground.
<br />All work rerformed on said right of way in con.nec-
<br />ti.on ,^lith the construction, maintenance, rep air , ,enev:al or
<br />reconstruction of the Pipe Line shall be done under the
<br />supervision and to the sati sfaction of the Railroad Company.
<br />Prior to the corcmencement of any 1,^�or,:. in connection
<br />-ith the construction, maintenance, repair, renev!al or recon-
<br />struction of the Pipe Line where it passes underneath t-he
<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 ap proved
<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 />in,, the time of construction, maintenance, repair, renevral 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 there °with, which said expense shall in-
<br />clude all assignable costs plus ten per cent (1G )) to cover
<br />elements of expense not capable of exact ascertainment.
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