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�. Licensee shall, except in emergencies, give not less <br /> than 72 hours written notice to Railroad of the day, hour and <br /> location that it proposes to undertake any construction or <br /> maintenance work and in the event of an emergency shall notify <br /> Railroad as soon as possible. <br /> Licensee shall require each of its contractors and <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 employes, and other <br /> persons on the Railroad property at the invitation of the Licensee, <br /> its contractors or subcontractors, shall be deemed the agents or <br /> employes of the Licensee. <br /> 5. Licensee shall, at no expense to Railroad, obtain all <br /> permits and approvals required to exercise this license and <br /> Licensee shall install, ma.intain 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 <br /> them. <br /> 6. The pipeline shall be installed at least 4 feet <br /> below the tracks of the Railroad, measured from base o rail <br /> to top of pipeline or, if no tracks are located on the property, <br /> at least 3 feet below natural �round, measured from top of <br /> ground to�of pipeline. Said pipeline shall be constructed <br /> of such ma.terial and in such a manner as will assure the safety <br /> of Railroad. Railroad 's authorized representative shall have <br /> the 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. <br /> If in the opinion of Railroad 's authorized representative casing <br /> of the pipeline is required at the time of installation or at <br /> any time subsequent thereto, Licensee shall promptly arrange <br /> for such casing at its own risk and expense. <br /> 7. If, in the opinion of the authorized representative <br /> of Railroad, the work to be done by the Licensee pursuant to <br /> this agreement will make necessary or desirable any change in <br /> the Railroad 's facilities, or those of the Railroad 's tenants <br /> or licensees, on the Railroad 's property, the Railroad shall <br /> have the right, but not the duty, to make such changes, the <br /> expense thereof to be borne by the Licensee, <br /> Railroad shall have the ri�ht, but not the duty, to <br /> furnish flagging or other protection or to perform work to <br /> support its tracks or otherwise protect its property or <br /> facilities at any time, at Licensee's sole risk and expense. <br /> 8. Licensee agrees at any time, or from time to time, <br /> at its own risk and expense, upon request of the authorized <br /> representative of the Railroad, to make such change or changes <br /> as ma.y be necessary in the opinion of said representative to <br /> accommodate any change or improvement which Railroad ma.y desire <br /> to make in or upon its property. In case Licensee shall fail <br /> within thirty (30) days after no�ice from Railroad to ma.ke <br /> such change or changes, Railroad shall have the right, but not <br /> the duty, to make such change or changes, or remove Licensee 's <br /> facilities from said property at the risk and expense of <br /> Licensee. <br /> - 2 - <br />