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Tracking#22W-14933
<br /> LICENSE FOR NON-ENVIRONMENTAL SOIL BORING TEST
<br /> THIS LICENSE FOR NON-ENVIRONMENTAL SOIL BORING TEST("License"), is made to be effective
<br /> October 10th, 2022 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation
<br /> ("Licensor") and HDR ENGINEERING, INC., a Nebraska corporation ("Licensee").
<br /> In consideration of the mutual covenants contained herein, the parties agree to the following:
<br /> GENERAL
<br /> 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license,subject to all rights, interests,
<br /> and estates of third parties, including, without limitation, any leases, use rights, easements, liens or other
<br /> encumbrances, and upon the terms and conditions set forth below, to conduct soil borings and non-
<br /> environmental testing of such soil borings and to perform ground survey including top of rail shots
<br /> (collectively, the "Boring Work"), in strict accordance with the drawings and specifications approved by
<br /> Licensor as part of Licensee's application process (the"Drawings and Specifications"), across or along
<br /> the area of Licensor's rail corridor at or near Stockton, County of San Joaquin, State of California, Line
<br /> Segment 7200, Mile Post 1122.18 as shown on the attached Drawing No.85469, dated August 26, 2022,
<br /> attached hereto as Exhibit"A" and incorporated herein by reference (the "Premises").
<br /> 2. Term. This License shall commence on the Effective Date and shall continue for a period of one (1)
<br /> month subject to prior termination as hereinafter described.
<br /> 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
<br /> lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, maintenance
<br /> or replacement of such improvements.
<br /> 4. Use of Premises. Licensee shall use the Premises solely as a site for conducting the Boring Work. All
<br /> soil testing materials taken from the Premises in connection with the Boring Work must be placed on tarps
<br /> or contained. Licensee shall not use the Premises for any other purpose.
<br /> 5. Alterations. Licensee may not make any alterations to the Premises or permanently affix anything to the
<br /> Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written
<br /> consent.
<br /> COMPENSATION
<br /> 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, the sum of one thosuand three
<br /> hundred fifty and No/100 Dollars ($1,350.00) as compensation for the use of the Premises.
<br /> 7. Costs and Expenses.
<br /> 7.1 For the purpose of this License, "cost", or "costs" and "expense" or "expenses" includes, but is
<br /> not limited to, actual labor and material costs including all assignable additives, and material and
<br /> supply costs at current value where used.
<br /> 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs
<br /> and expenses incurred by Licensor in connection with Licensee's use of the Premises or the
<br /> presence, construction, or maintenance of the Boring Work, including but not limited to the
<br /> furnishing of Licensor's flaggers and any vehicle rental costs incurred. Licensee shall bear the
<br /> cost of flagger services and other safety measures provided by Licensor, when deemed
<br /> necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the
<br /> following: pay for at least an eight (8) hour basic day with time and one-half or double time for
<br /> overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as
<br /> applicable); railway and unemployment insurance; public liability and property damage insurance;
<br /> health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for
<br /> railway labor or collective bargaining agreements and rate changes authorized by appropriate
<br /> Form 426; Rev.20180910
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