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PL X 990112
<br />Form Approved, AVP-Law
<br />EXI3IBIT B
<br />Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br />(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and
<br />obligation of the Licensor to use and maintain its entire property including the right and power of the
<br />Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
<br />signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across
<br />any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor
<br />without liability to the Licensee or to any other party for compensation or damages.
<br />(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of
<br />licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and
<br />extend the same, and is made without covenant of title or for quiet enjoyment.
<br />Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
<br />(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or
<br />reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard
<br />Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
<br />by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's
<br />Vice President -Engineering Services. In the event such Specification conflicts in any respect with the
<br />requirements of any federal, state or municipal law or regulation, such requirements shall govern on all
<br />points of conflict, but in all other respects the Specification shall apply.
<br />(b) All work performed on property of the Licensor in connection with the construction,
<br />maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the
<br />satisfaction of the Licensor.
<br />(c) Prior to the commencement of any work in connection with the construction, maintenance, repair,
<br />renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath
<br />the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out
<br />the method and manner of handling the work, including the shoring and cribbing, if any, required to
<br />protect the Licensor's operations, and shall not proceed with the work until such plans have been
<br />approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to
<br />the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor
<br />shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its
<br />track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation,
<br />reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the
<br />Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all
<br />expense incurred by the Licensor in connection therewith, which expense shall include all assignable
<br />costs.
<br />(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the
<br />grade even with the adjacent surface of the ground.
<br />Rea( Estate
<br />plx.exb UNION PACIFIC RAILROAD
<br />1400 Douglas Street, Stop 1690 Exhibit E
<br />Omaha, Nebraska 68179-1690
<br />fa. (402) 501-0340
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