Resolution 2008-38 - Laserfiche WebLink

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Tracking #0&36315 thereof, 'rt being solely Licensee's responsibility to ensure that .Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability aAocation provided by this License. (b) Licensee shall, at its stile cast and expense, construct and maintain the PIPELINE in such a manner and of such material that it will net at any time 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 actnrities bf Licensor. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE. at any time for compliance with the Drawings and Specifications. If ordered at any time- #o halt. construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregring right of Licenser, the parties agree that Licensor has no duty or obligation to observe or inspect, or to hail work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike .manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exerase any right granted by this Section will alter in any way the liability aifocafion provided by this License. tf at any time Licensee shall, in. the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option, at Licensee's sots expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shelf promptly reimburse Licensor for aD costs and expenses of such work, upon receipt of an invoice for the same. Licensors failure to perform any obligations of Licensee shall net sitar the liability aebcation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the PIPELINE shall be completed within one (1} year of the Effective Date. Upon completion of the construction of the PIPELINE and -after performing any subsequent maintenance thereon, Licensee shah, at Licensee`s own cost and expense, restore Licensors Premises to-their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensors reasonable opinion, be interfered with by the PIPELINE, Licensee shah, at its sole expense, within thirty {30} days after receiving written.- notice from Licensor to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensors rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPELINE(s}. 15. (a} Prior to Licensee conducting any boring work on or -about any portion of the Premises, Licensee shall explore the proposed location for such wank with hand tools to a depth of at least three (3} feet below the surface of the ground to determine- whether pipelines or other structures exist below the surface, provided.. however, that in Ilea of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice Farm 424; Rev. o4t26/05 -4-