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<br />Such installation, construction, maintenance and operation of the Facilities shall be in accordance <br />with (a} the plans and specifications {if any) shown on the prints attached hereto and any other <br />specifications prescribed by Railway, (b) applicable laws, regulations, ordinances and other <br />requirements of federal, state and local governmental authorities, and (c} applicable <br />specifications adopted by the American Railway Engineering and Maintenance-of--Way <br />Association, when not in conflict with the applicable plans, specifications, laws, regulations, <br />ordinances or requirements mentioned in (a) and {b), above. All underground pipes must have <br />secondary pipe containment if the material flowing .through the pipeline poses a safety or <br />environmental hazard. Any change to the character, capacity ar use of the Facilities shall require <br />execution of a new agreement. <br />3. Railway Support. Railway shall, at Railway's option, furnish, at the sole expense <br />of Licensee, Labor and materials necessary, in Railway's sole judgment, to support its tracks and <br />to protect its traffic {including, without limitation, flagging) during the installation, maintenance, <br />repair, renewal or removal of the Facilities. <br />4. Electronic Interference. Licensee will provide Railway with na less than sixty <br />(60) days advance written notice prior to the installation and operation of cathodic protection in <br />order that tests may be conducted on Railway's signal, communications and other electronic <br />systems {hereinafter collectively called the "Electronic Systems") for possible interference. If <br />the Facilities cause degradation of the Electronic Systems, Licensee, at its expense, will either <br />relocate -the cathodic protection or modify the Facilities to the satisfaction of Railway=so as to <br />eliminate such degradation. Such modifications may include, without limiting the generality of <br />the foregoing, providing additional shielding, reactance or other corrective measures deemed <br />necessary by Railway. The provisions of this paragraph 4 shall apply to the Electronic Systems <br />existing as of the date of this Agreement and to any Electronic Systems that Railway may install <br />in the future. <br />5. Corrective Measures. If Licensee fails to take any corrective measures requested <br />by Railway in a timely manner, or if an emergency situation is presented which, in Railway's <br />judgment, requires immediate repairs to the Facilities, Railway, at Licensee's expense, may <br />undertake such corrective measures or repairs as it deems necessary or desirable. <br />6. Railway Changes. If Railway shall make any changes, alterations or additions to <br />the line, grade, tracks, structures; roadbed, installations, right-of-way or works of Railway, or to <br />the character, height or alignment of the Electronic Systems, at ar near the Facilities, Licensee <br />shall, upon thirty {3Q) days prior written notice from Railway and at its sole expense, make such <br />changes in the location and character of the Facilities as, in the opinion of the chief engineering <br />officer of Railway, shall be necessary or appropriate to accommodate any construction, <br />improvements, alterations, changes or additions of Railway. <br />?. Assumption of Risk. Unless caused solely by the negligence of Railway or <br />caused solely by the willful misconduct of Railway, Licensee hereby assumes all risk of damage <br />to the Facilities and Licensee's other property relating to its use and occupation of the Premises <br />or business canned on the Premises and any defects to the Premises; and Licensee hereby <br />2 <br /> <br />