2022 09-12 CC PACKET - Laserfiche WebLink

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9.2 to construct, maintain, renew, use, operate, change, modify and. relocate any tracks or additional facilities, structures and related.appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate. 10. Right to Require Relocation. If at.any time during the term of :this License, Licensor desires the .use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, :be interfered with by the.Pipeline or its:.drainage onto the Premises, Licensee shall, at: its sole expense, within forty-five (45) days afte(receiving written notice from Licensor to such. effect; make such changes in the Pipeline as in -the sole discretion of Licensormay be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Pipeline, or the construction of a new pipeline .to replace the Pipeline. Notwithstanding the foregoing, Licensee agrees to. make all emergency changes and minor adjustments, as determined. by Licensor in its.sole discretion, to the Pipeline promptly upon L.icensor's request. LICENSEE'S OPERATIONS 11. Construction. and Maintenance of the Pipeline, 11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the .operator's representative or its designee. Licensee shall notify Operator's.Roadma.ster at.whall(a.mnnr.net or at telephone (651) 632-9022, at least ten (1.0) business days prior to installation of the Pipeline: and prior to entering the Premises for any .subsequent maintenance thereon. In the event of an emergency,. Licensee shall notify Operator of Licensee's entry onto the Premises at the. telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. 11.2. Licensee's on -site supervisors shall retain/raintain a fully executed copy of this License at all times while on the Premises. 11.3 While on the Premises; Licensee shall use only public roadways to. cross.from one side of Licensors tracks to the other. 11.4 Any contractors or subcontractors performing work on the Pipeline or .entering the. Premises on behalf of Licensee shall. be deemed servants and agents of Licensee .for purposes of this License. 11.5 Under no conditions shall. Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store. -any mechanized equipment, tools or .other materials, within. twenty-fiye (25) feet of the centerline of any railroad track on the. Premises unless Licensee has obtained. prior written approval from Licensor. Licensee shall, at its sole: cost and expense, perform all activities. on and about the Premises; including without limitation all -construction and maintenance of the Pipeline, in such a manner and of such materials asnot at anytime to endanger or interfere with (1) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensoror existing third parties, or (iii) the rights. or interests of third parties. if ordered to cease using the Premises at any time by Licensors personnel due to any hazardous .condition, Licensee. shall immediately .do so. Notwithstanding the foregoing right of Licensor; the parties agree that Licensor .has no duty or obligation to monitor Licensee's use of the Premises to determine.the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor thefailure by Licensor to exercise any rights granted in this. -Section will .alter the liability allocation provided by this License. Form 424; Rev: 201909/6