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only carrystormwater discharged from the Project Area, and Licensee shall not use the Pipeline tos carry any other material or -use the Premises for any other purpose. Alterations.. EXcept as set :#orth lnAhls License, Licensee may not make .any alterations. to the Premises orr permanently affix anything to the Premises or any buildings or other structures adjacent to.the Prem.ises.without.Licensoes prior written consent. 6. License Eee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu Of recurring periodic fixed license fees) in the amount the sure of seven thousand seven hundred thirty:sev6h and No/100 Dollars ($7,737.00) as compensation forthe,use of the Premises. 7.1 For the purpose of -this License, "cpst" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, .and material and supply costs at cufrent liable Where used. 7.2 Licensee agrees to reimburse -Licensor (pursuant to the terms of Section 8 below) foi.ail. costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Pipeline,. including but not limited to the furnishing of Licensor's flaggers and ally vehicle rental costs. incurred, inspection coordination, safety, mobilization and/or other observation .services described. in this License (collectively, the "Services"). Licehiee-sh.al1 bear the cost of the: Services;.when deemed necessaryby Licensor's represefitatrve. Flagging costs shall iridude, but not be limited to, the following: pay for at le8st an eight (8) hour basic'day wilth tirho and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays. (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare :benefits; transportation; meats; lodging r -and.-supervision. Negotiations .for railway labor or collective bargaining agreements and t rate. changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by.the flaggers will.be used to calculate the flagging costs -pursuant to.thit Section 7. 7.3 Licensor,.:at.iis sole discretion, may elect to designate one or more third parties. (each, a "Scheduling Agent!), to perform and/or arrange for the performance of all or a portion of the Services. At the Effective Date; License designates Operator as its Scheduling Agent for all flagging Services. All. costs. for flagging Services will .be billed to Licensee by Operator. Payment Terms. All invoices.are due thirty (31}) days after toe date of invoice. If Licensee faiis.to pay any monies due to Licensor.orOperator, as applicable, Wit iiri thirty (30) days after the invoice. date, then Licensee shall pay interest on such unpald surn from the due date until paid at an annual rate equal to the lesser of (i) the.pdme rate Iast.publighed in The Wall Street Journal I ilhe-pre0eding December plus two and one-half perceht (2-1/296), or pi) the maximum rate permitted by law. LICENSOR'S RESERVED RIGHTS Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties. who may obtain written permission or authority from Licensor: 9.1 to rhainWlh,. itse, operate, repair, replace, modify and relocate any utility; power or communication pipeAines/cabies. and.. appurtenances (other than the Pipeline) and other facilities or structures.of like -.character upon, over; under or across the Premises existing as of the Effective Dglte;. Form 42A. Rev. 20190916