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Tracking #08-38315 <br />e.c ., consuifing with .the Uindergmund Services Association) to determine the <br />existence or location of pipelines and other subsurface structures prior to drilling <br />ar excava#ing with mechanized equipment, Upon Licensee's written request, <br />which shall be made thirty {30) business days in advance of Licensee's' <br />requested construction of the PIPELINE, Licensor wi11 provide Licensee any <br />information that Licensor has in the .possession of its Engineering Department <br />concemkng the existence and approximate locatia~i of Licensoe's underground <br />utilities and pipelines at or near the .vicinity of the proposed PIPELINE. Prior to <br />conducting any such boring wank, the Licensee will review all such material. <br />Licensor does not warrant the accuracy or completeness, of information relating <br />to subsurface conditions and Licensee's operations will be subject at akl times #o <br />the liabili#y provisions herein. <br />(b} For all bores greater than 16-inch diameter and at a depth less than 1a.0 feet <br />below bottom of rail, a sail investigation wilt need to be performed by the <br />Licensee and reviewed by Licensor .prior to constructkan. This study Is to <br />determine if granular material is presen#, and to prevent subsidence during the <br />installation process. If the investigation determines in Licensoe's reasonable <br />opinion that granular material is present,. Licensor may sekect a new location for <br />Licensee's use, or may require Licensee to furnish far Licensors review and <br />approval, in its sole discretion a remedial plan to deal with the grarwlar material. <br />Once Licensor has approved any such remedial plan in writing, Licensee shaA, at <br />its sole cost and expense, carry out the approved plan in accordance with all <br />terms thereof and hereof. <br />16. Any open hole, baring or well constructed on the Premises by Licensee shall be safiely <br />covered and secured at ail times when Licensee is .not working in the actual vicinity <br />thereof. Following completion of That portion of the work, all holes or borings constructed <br />on the Premises by Licensee shall be: <br />{a} filled in to surrounding ground level with compacted bentonfte grout; or <br />{b} otherwise secured ar retired in accordance with any applicable Legal <br />.Requirement. No excavated materials may remain on Licensoe's property for <br />more than ten (10} days, but must be properly disposed of by Licensee in <br />accordance with applicable Legal Requirements. <br />17. Upon termination of this License, Licensee shall, at its sole cost and expense: <br />(a} remove the PIPELINE and ail appurtenances thereto, or, at the sole discretion of <br />the Licensor,. fill and cap or otherwise appropriately decommission the PIPELINE <br />with a method satisfactory to Licensor; <br />(b} report -and restore any damage to the Premises arising from, growing out of, or <br />connected with Licensee`s use of the Premises; <br />(c} remedy any unsafe conditions on the Premises created or aggravated by <br />Licensee; and <br />{d} leave the Premises in the ci~nditian which existed as of the Effective Date of this <br />License. <br />Form d24; Rev. Q4/26/06 <br />-5- <br />