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<br /> Such installation, construction, maintenance and operation of the Facilities shall be in accordance
<br /> with (a) the plans and specifications (if any) shown on the prints attached hereto and any other
<br /> specifications prescribed by Railway, (b) applicable laws, regulations, ordinances and other
<br /> requirements of federal, state and local governmental authorities, and (c) applicable
<br /> specifications adopted by the American Railway Engineering and Maintenance-of-Way
<br /> Association, when not in conflict with the applicable plans, specifications, laws, regulations,
<br /> ordinances or requirements mentioned in (a) and (b), above. All underground pipes must have
<br /> secondary pipe containment if the material flowing through the pipeline poses a safety or
<br /> environmental hazard. Any change to the character, capacity or use of the Facilities shall require
<br /> execution of a new agreement.
<br /> 3. Railwav SupQort. Railway shall, at Railway's option, furnish, at the sole expense
<br /> of Licensee, labor and materials necessary, in Railway's sole judgment, to support its tracks and
<br /> to protect its traffic (including, without limitation, flagging) during the installation, maintenance,
<br /> repair, renewal or removal of the Facilities.
<br /> 4. Electronic Interference. Licensee will provide Railway with no less than sixty
<br />' (60) days advance written notice prior to the installation and operation of cathodic protection in
<br />' order that tests may be conducted on Railway's signal, communications and other electronic
<br /> systems (hereinafter collectively called the "Electronic Systems") for possible interference. If
<br /> the Facilities cause degradation of the Electronic Systems, Licensee, at its expense, will either
<br /> relocate the cathodic protection or modify the Facilities to the satisfaction of Railway so as to
<br /> eliminate such degradation. Such modifications may include, without limiting the generality of ;
<br /> the foregoing, providing additional shielding, reactance or other conective measures deemed
<br /> necessary by Railway. The provisions of this paragraph 4 shall apply to the Electronic Systems '
<br /> existing as of the date of this Agreement and to any Electronic Systems that Railway may install
<br /> in the future. '
<br /> 5. Corrective Measures. If Licensee fails to take any conective measures requested
<br /> by Railway in a timely manner, or if an emergency situation is presented which, in Railway's
<br /> judgment, requires immediate repairs to the Facilities, Railway, at Licensee's expense, may �
<br /> undertake such corrective measures or repairs as it deems necessary ar desirable. I�
<br /> 6. Railwav Chan�es. If Railway shall make any changes, alterations or additions to
<br /> the line, grade, tracks, structures, roadbed, installations, right-of-way or works of Railway, or to
<br /> the character, height or alignment of the Electronic Systems, at or near the Facilities, Licensee
<br /> shall, upon thirty (30) days prior written notice from Railway and at its sole expense, make such
<br /> changes in the location and character of the Facilities as, in the opinion of the chief engineering
<br /> _ officer of Railway, shall be necessary or appropriate to accommodate any construction,
<br /> improvements, alterations, changes or additions of Railway.
<br /> 7. Assumption of Risk. Unless caused solely by the negligence of Railway or
<br /> caused solely by the willful misconduct of Railway, Licensee hereby assumes all risk of damage
<br /> to the Facilities and Licensee's other property relating to its use and occupation of the Premises
<br /> or business carried on the Premises and any defects to the Premises; and Licensee hereby
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