2022 12-20 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 ofIts. 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 after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in- the sole discretion.of Licensor may necessary to avoid interference with the proposed.. use of Licensors: 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 proimptly upon Li censor'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 Licerisor's representative, the 0perator's representative. or its designee. Licensee shall notify Operator's Road master at whall mnnr.net:or. at telephone. (651) 63279022, 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/maintain 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 Licensoe's 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, toots or other materials,. within twenty-five (25) feet of the cent eriin.e 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. ail activities on and about the. Premises, including without limitation all. construction and maintenance of the Pipeline, in such a manner and of suchmaterials. as not at any time 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 Licensor or 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. N.otwithstanding.the.foregoin.g.rightof 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 the failure by Licensor to exercise any rights granted in this.Section will alter the liability allocation provided by this License. Form 424, Rev. 20196916