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t * <br /> Licensee shall require each of its contractors and subcontractors to observe and <br /> conform to the conditions and requirements specified herein; and for the purposes <br /> of the safety,protective and indemnification provisions hereof, such contractors <br /> and subcontractors,their�agents, servants and employees, and other persons on the <br /> Railroad property at the invitation of the Licensee, its contractors or <br /> subcontractors, shall be deemed the agents or employees of the Licensee. <br /> 4. Licensee shall, at no expense to Railroad, obtain all pernuts and approvals <br /> required to exercise this license and Licensee shall install,maintain and operate <br /> its facilities in accordance with all requirements of lawful public authority. <br /> Licensee shall be responsible for any taxes, assessments and charges made against <br /> the pipeline or other of Licensee's facilities on Railroad's property or the <br /> operation of any of them. <br /> 5. The pipeline shall be installed at least 9.2 feet below the tracks of the Railroad, <br /> measured from base of rail to top of pipeline or, if no tracks are located on the <br /> property, at least 3 feet below natural ground. Said pipeline shall be constructed <br /> of such material and in such a manner as will assure the safety of Railroad. <br /> Railroad's authorized representative shall have the right,but not the duty, to , <br /> require certain materials or procedures to be used or to supervise the construction, � <br /> maintenance, restoration or other work on Railroad's properiy. If in the opinion <br /> of Railroad's authorized representative casing of the pipeline is required at the I, <br /> time of installation or at any time subsequent thereto, Licensee shall promptly ' <br /> arrange for such casing at its own risk and expense. <br /> 6. If, in the opinion of the authorized representative of Railroad the work to be done <br /> by the Licensee pursuant to this agreement will make necessary or desirable any <br /> change in the Railroad's facilities, or those of the Railroad's tenants or licensees, <br /> on the Railroad's property, the Railroad shall have the right,but not the duty,to <br /> make such changes, the expense thereof to be borne by the Licensee. <br /> Railroad shall have the right,but not the duty, to furnish flagging or other <br /> protection or to perform work to support its tracks or otherwise protect its <br /> property or facilities at any time, at Licensee's sole risk and expense. <br /> 7. Licensee agrees at any time, or from time to time, at its own risk and expense, <br /> upon request of the authorized representative of the Railroad,to make such <br /> change or changes as may be necessary in the opinion of said representative to <br /> accommodate any change or improvements which Railroad may desire to make in <br /> or upon its property. In case Licensee shall fail within thirty (30) days after notice <br /> from Railroad to make such change or changes, Railroad shall have the right, but <br /> not the duty, to make such change or changes, or remove Licensee's facilities <br /> from said property at the risk and expense of Licensee. <br /> � <br />