R2003-163 AUTHORIZING AGREEMENT - Laserfiche WebLink

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, � t . Page 3. � 8. Licensee agrees at any time, or from time to time, at its own risk and exper�se, upon request of the authorized representative of the Railroad, to make suc ' change or changes as may be necessary in the opinion of said representati�to accommodate any change or improvements which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty(30) days after notice from Railroad to make such change or changes, Railroad shall have the ri t, but not the duty, to make such change or changes, or remove Licensee's facilit es from said property at the risk and expense of Licensee. 9. Licensee shall at its expense take such measures as may be necessary and ' adequate in connection with its property or the property of railroad to prote�ct facilities of Railroad and those of others using Railroad's property from interference by induction,conduction,physical contact or otherwise attribu�able to the exercise by Licensee of the license granted to it. I, In the event Railroad advises Licensee to take any action to protect Railroad, its facilities or facilities on Railroad's property, Licensee shall promptly take tize I indicated action, including,but not limited to, stopping the operation of the� pipeline. If Licensee fails to do so,Railroad shall have the right,but not th�duty, ' to perform on behalf of Licensee at the sole risk and expense of Licensee. �i 10. In the event Raikoad elects to renew,replace, repair or alter any tracks or ather facilities or to construct new facilities or to make other use of the property covered by this license, and in connection therewith requires the removal of any facilities placed by Licensee on Railroad's property or should any facilitiesiof Licensee need renewal or repair, Licensee shall,within 30 days of receipt o'�f notice, arrange for such removal, renewal or repair at Licensee's risk and e�pense. In the event removal is required, the facilities shall be relocated at such location on Railroad's property as is designated by Railroad,provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair shall be to such condition as is indicated by Railroad's ' authorized representative. If Licensee fails to comply with the foregoing, 'I Raikoad shall have the right,but not the duty, to remove, renew or repair such facilities at the sole risk and expense of Licensee. 11. Cost and expense for work performed by the Railroad pursuant to this agre ment shall consist of the direct cost of labor and material plus Railroad's standaz additives in effect at the time the work is performed. All payments require of Licensee under this agreement shall be made promptly upon presentation o a bill.