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July 5, 2006 CCP
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July 5, 2006 CCP
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PL X 980112 <br />Form Approved, AVP-Law <br />Section 3. NOTICE OF COMMENCEMENT OF WORK. <br />If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as <br />practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the <br />Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the <br />commencement of any work upon property of the Licensor in connection with the construction, <br />maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All <br />such work shall be prosecuted diligently to completion. <br />Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. <br />The Licensee shall bear the entire cost and expense incurred in connection with the construction, <br />maintenance, repair and renewal and any and all modification, revision, relocation, removal or <br />reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in <br />connection therewith for supervision, inspection, flagging, or otherwise. <br />Section 5. REINFORCEMENT RELOCATION OR REMOVAL OF PIPELINE. <br />(a) The license herein granted is subject to the needs and requirements of the Licensor in the <br />operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole <br />expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new <br />location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the <br />Licensor shall find such action necessary or desirable. <br />(b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on <br />property of the Licensor in the location herembefore described shall, so far as the Pipeline remains on the <br />property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. <br />Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. <br />The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be <br />constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no <br />interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and <br />facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that <br />would in any manner impair the safety thereof. <br />Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br />(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic <br />cable systems is of extreme importance since any break could disrupt service to users resulting in business <br />interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a <br />24-hour number) to determine if fiber opts cable is buried anywhere on the Licensor's premises to be <br />used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, <br />arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, <br />all at Licensees expense, and will commence no work on the right of way until all such protection or <br />relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and <br />against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court <br />costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the <br />provisions of this paragraph. <br />plx.exb <br />Exhibit n <br />
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