Resolution 2008-38 - Laserfiche WebLink

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Tracking. #08-36315 Internet Website "http:I/www.contractororientation.com". This training must be completed no mare than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "casts" "expanse" or "expenses" includes, but is net limited to, actual labor and material costs including all assignable additives, and material and supply costs at current. value where used. RIGHT OF LICENSOR TO USE 10, Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who -:may obtain written permission or authority from Licensor. (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b} to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additions[ faaGtses or structures upon,. aver, under or across the Premises; or (c) to use the Premises in .any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material in#erference with the use of the Premises by Licensee for the purpose specified in Section 3 above,. LICENSEE'S OPERATIONS 11. (a} Licensee shall notify Licensoe's Roadmaster at 1201 1N. 27"' St., Cheyenne, Wyoming 82001, telephone (307} 432-7357 or cell (307} 631-3443, at least five (5} business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. . (b) In perfanning the work described in Section 3, Licenses shall use only public roadways to cross from one side of Licensoe's tracks to the other. 12. (a} Under no condifians sha0 Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment andlor machinery, or place or store any mechanized equipment. toms or other materials, within twenty-five (25} feet of the centerline, of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licenses shall, at -its sole cost and expense, perform a{l activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licenser. If ordered to cease using the Premises at any time by Licensoe's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licenser has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature Form 424, Rev. 04/26/05 -3-