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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. Boeing and Excavation. 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall. contact the applicable State's call -before -you -dig utility location service to have V parties mark the location of utilities. Licensee shall explore the proposed location for such work with harid. toois to a. depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand -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 pipelines .and other subsurface structures .prior to drilling. or excavating with mechanized equipment, Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or .nearthe vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-533-2891 (optionl, then option 7), at least ten (10) business days prior to.installation of 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 Licensor'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 For all bores greater than 26-inch diameter and at depth less than 10.0 feet below bottom of rail, a sail 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 op.i.niion.that granular material is present, Licensor may select a new location for Licensee's rise; or may require Licensee to.furnish .for Licensor's review and approval, in Licensor's sole discretion,. a remedial plan to deal with the granular material. Once. Licensor has approved shy such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carryout the.approved plan in accordance with all terms -thereof and hereof. 1203 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 in .the actual vicinity thereof, Following completion of that portion of the work, .all holes or borings constructed on the Premises by Licensee shall ties. 12.4.1. filled in to surrounding ground level with .compacted bentonite grout; :or 12A.2 otherwise secured or retired: in accordance with any applicable Legal Requirement. No excavated materials niay remain on Licensor's property for more than ten (10) 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. 2D196916.