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Licensee shail require each of its contractors and I
<br /> subcontractors to observe and conform to the conditions and '
<br /> requirements specified herein; and for the purposes of the safety,
<br /> protective and indemnification provisions hereof, such contractors
<br /> and subcontractors, their agents, servants and employees, and
<br /> other persons on the Railroad property at the invitation of the
<br /> Licensee, its contractors or subcontractors, shall be deemed the
<br /> agents or employees of the Licensee.
<br /> 5. Licensee sh�ll; at �� �xpQns� t� Railroad, obtain all
<br /> permits and approvals required to exercise this license and
<br /> Licensee shall install, maintain and operate its facilities in
<br /> accordance with all requirements of lawful public authority.
<br /> Licensee shall be responsible for any taxes, assessments and
<br /> charges made against the pipeline or other of Licensee's
<br /> facilities on Railroad's property or the operation of any of them.
<br /> 6. The pipeline shall be installed at least 5 _5 feet below
<br /> the tracks of the Railroad, measured from base of rail to top of
<br /> pipeline or, if no tracks are located on the property, at least
<br /> 3 feet below natural ground, measured from top of ground to
<br /> top of pipeline. Said pipeline shall be constructed of such
<br /> material and in such a manner as will assure the safety of
<br /> Railroad. Railroad's authorized representative shall have the
<br /> right, but not the duty, to require certain materials or
<br /> procedures to be used or to supervise the construction,
<br /> maintenance, restoration or other work on Railroad's property. If
<br /> in the opinion of Railroad's authorized representative casing of
<br /> the pipeline is required at the time of installation or at any
<br /> time subsequent thereto, Licensee shall promptly arrange for such
<br /> casing at its own risk and expense.
<br /> 7. If, in the opinion of the authorized representative of
<br /> Railroad the work to be done by the Licensee pursuant to this
<br /> agreement will make necessary or desirable any change in the
<br /> Railroad's facilities, or those of the Railroad's tenants or
<br /> licensees, on the Railroad's property, the Railroad shall have the
<br /> right, but not the duty, to make such changes, the expense thereof
<br /> to be borne by the Licensee.
<br /> Railroad shall have the right, but not the duty, to
<br /> furnish flagging or other protection or to perform work to support
<br /> its tracks or otherwise protect its property or facilities at any
<br /> time, at Licensee's sole risk and expense. �
<br /> 8. Licensee agrees at any time, or from time to time, at its
<br /> own risk and expense, upon request of the authorized
<br /> representative of the Railroad, to make such change or changes as
<br /> may be necessary in the opinion of said representative to
<br /> accommodate any change or improvement which Railroad may desire to
<br /> make in or upon its property. In case Licensee shall fail within
<br /> thirty (30) days after notice from Railroad to make such change or
<br /> changes, Railroad shall have the right, but not the duty, to make
<br /> such change or changes, or remove Licensee's facilities from said
<br /> property at the risk and expense of Licensee.
<br /> 9. Licensee shall at its expense take such measures as may
<br /> be necessary and adequate in connection with its property or the
<br />, property of Railroad to protect facilities of Railroad and those
<br /> ' from interference b
<br /> of others usin Railroad s ro ert Y
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<br /> 'on conduction h sical contact or
<br /> otherwise attributable
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<br /> Y"n the event Railroad advises Licensee to take any action
<br /> to protect Railroad, its facilities or facilities on Railroad's
<br /> property, Licensee shall promptly take the indicated action,
<br /> including, but not limited to, stopping the operation of the
<br /> pipeline. If Licensee fails to do so, Railroad shall have the
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