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1.1.6 Licensee shall, at its sole. cost and. expense, construct and maintain the: Pipeline. and: <br />drainage onto the Premises in. such.a manner and. of such material that the Pipeline and <br />drainage onto the:Premises will not at any time endanger or interfere with .(i) the existence <br />or use of present or future tracks, roadbeds, or property of Licensor; (ii) the safe .operation <br />and activities of Licensor or existing third parties, or (iii) the rights or interests of third <br />parties. The construction of the Pipeline shall be Completed within one. (1) .year of the <br />Effective Date, and any subsequent maintenance shall be completed within. one (1) year <br />of initiation. Within fifteen. (15) days after completion of the construction of the Pipeline or <br />the performance of any subsequent maintenance thereon,. Licensee shall, at. Licensee's. <br />own cost and expense, restore the Premises. to substantially their state as of the Effective <br />Date; unless otherwise approved in advance by Licensor in writing. Qn or before expiration <br />or termination of this: License for any reason, Licensee shall,.at its sole cost and expense, <br />surrender the Premises to Licensor pursuant to the terms and conditions set forth. in <br />Section 24 hereof. <br />11.7 Licensor may direct one or more of its fieldengineers. or inspectors to observe. or inspect <br />the construction and/or maintenance of the. Pipeline at any time. for compliance with the. <br />terms and conditions of this. License; the Drawings and. Specifications,. and Legal <br />Requirements (defined. below). Ucensee.:shall. reimburse Licensor :for the cost of such, <br />observation or inspection related services pursuant to Section 7 and. Section 8. if ordered <br />at any time -to halt construction or maintenance of the Pipeline by Licensors personnel due <br />to non-compliance with the Drawings and Specifications or any other hazardous condition, <br />Licensee. shall immediately .do so. Notwithstanding the foregoing right of Licensor; the <br />parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work <br />on, the. Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is <br />constructed and maintained in strict accordance with the Drawings and Specifications and: <br />in a safe and workmanlike manner in compliance with all.terms hereof. Neither the exercise <br />of,. nor the failure by Licensor to exercise, any rig ht. grarlted by this Section will alter in any ff <br />way the liability al location. provided by this License. If at any time Licensee shall; in the 4 <br />sole judgment of Licensor, fail to properly perform its obligations. under this Section 11,. <br />Licensor may,: at its option and at Licensee's sole expense; arrange for the performance of <br />such work.as it.dee.ms necessary for the safety of its:operations and activities. Licensee <br />hereby grants Licensor a limited license to access and enter the Project Area for the <br />inspection or maintenance of the Pipeline as described above. Licensee .shall promptly <br />reimburse. Licensor for all costs.and. expenses of.such work, pursuant to the terms of <br />Section 8. Licensee's failure to perform . any obligations of Licensee. shall not alter the <br />liability allocation hereunder. <br />11..8 Licensee shall not seek, permit; allow, or otherwise cause an increase in the collection <br />area of or volume of discharge to, .through,. or from the Pipeline: without Licenser's prior <br />written consent and approval. Licensee .shall further notify Licensor in writing in advance <br />of any proposed change in the use or zoning of the Project Area. <br />11.9 Continuing Obligations. THE TERMS AND CONDITIONS CONTAINED IN THIS <br />LICENSE, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON THE USE AND <br />OPERATION OF THE PIPELINE AND ITS DISCHARGE,. MAINTENANCE OF THE <br />PIPELINE, LEGAL AND ENVIRONMENTAL COMPLIANCE, AND LIABILITY AND <br />INSURANCE, SHALL BE CONTINUING OBLIGATIONS. OF BOTH LICENSEE AND <br />SUCCESSOR OWNERS OF THE PROJECT AREA PURSUANT TO SECTION 29 <br />HEREIN. LICENSEE AGREES TO AND SHALL PROVIDE WRITTEN NOTICE TO <br />LICENSOR OF ANY CHANGES IN OWNERSHIP, IN WHOLE OR IN PART, OF THE <br />PROJECT AREA AND SHALL REQUIRE ANY SUBSEQUENT OWNER OR OTHER <br />INTEREST HOLDER (EXCLUDING LIENHOLDERS, EXCEPT FOR MORTGAGEES IN <br />POSSESSION) TO ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AS PART <br />OF ANY TRAPVSFER OF OWNERSHIP. LICENSOR SHALL APPROVE ANY <br />ASSIGNMENT OF THIS LICENSE IN ACCORDANCE WITH. SECTION 26. LICENSEE <br />Form 424: Rev. 2,0190916 <br />