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AGREES THAT THE TERMS AND CONDITIONS OF THIS LICENSE SHALL INURE TO THE BENEFIT OF AND BECOME COVENANTS UPON THE PROJECT AREA AS. PROVIDED BY SECTION 29 WHICH SHALL RUN WITH THE PROJECT AREA FOR. THE TERM OF THIS LICENSE AND .FOR SUCH EXTENDED TERM AS ANY CONTINUING OBLIGATION MAY EXIST FOLLOWING TERMINATION. 12. Boring and Excavation.. 12.1 Prior to Licensee conducting any boring, excavation, or sirniiarwork on or about. any portion of the. Premises, Licensee shall contact the .applicable State's call -before -you -dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the groundto determine whether pipelines or other structures exist below the.surface; oroyided,.however, that.in lieu of the foregoing nand -tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine. the existence or location of pipelinesand other subsurface structures .prior to drilling or excavating with mechanized.equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licenser's underground lines;. utilities, and pipelines at or near the vicinity of the proposed. Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-533.-2891 �optioni, :then option 7j, at least ten.(10) business days prior to installationof the Pipeline, Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its. possession regarding any -existing underground lines, utilities, and. pipelines at or near the vicinity of the. proposed Pipeline and,. if applicable, identify the location of such lines on the Premises pursuant to Licenser's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface. conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 F.or all: bores greater than 26-inch diaimeter.and at a depth less :than 10.0 feet below bottom of rail, a soil investigation must.be. performed by Licensee and reviewed by Licensor prior to construction. This study is. to. determine if -granular material. is present, and to. prevent. subsidence during the installation. process. If the investigation determines in Licensor's reasonable opinion that granular material is .present, Licensor may select a new location for Licensee's use, or niay. require. Licensee to furnish for Licenser's review and. approval, in Licensor's sole discretion, a remedial plan to steal with the granular material. Once Licensor hag approved any such remedial plan in writing, Licensee.shall., at Licensee's sole cost and .expense, carry out the approved plan in accordance' with all terms thereof and hereof. 12,3 No wells shall be installed :without prior written approval from Licensor.. 12.4 Any open hole, boring, or well constructed .on the Premises by Licensee shall be safely covered and. secured at all times when Licensee is not working ih.the actual vicinity thereof: Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: 12.4.1 filled. in to surrounding ground level with compacted bentonite grout; or 12.4.2 .otherwise secured or retired in accordance with any.applicable Legal Requirement. No excavated materials may remain on Licensor's property for more -than ten (1.0) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 12.5 For any and all excavation permitted: under this License, if removal. of soils. or other such material as wastes. is required, Licensee shall be deemed. the generator of that waste. All Form 424: Rev. 20190916