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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9
<br /> Tracking#22W-14933
<br /> Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted
<br /> in this Section will alter the liability allocation provided by this License.
<br /> 11. Boring and Excavation.
<br /> 11.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of
<br /> the Premises, Licensee shall explore the proposed location for such work with hand tools to a
<br /> depth of at least three (3) feet below the surface of the ground to determine whether
<br /> pipelines or other structures exist below the surface, provided, however, that in lieu of the
<br /> foregoing, Licensee shall have the right to use suitable detection equipment or other generally
<br /> accepted industry practice (e.g., consulting with the Underground Services Association) to
<br /> determine the existence or location of pipelines and other subsurface structures prior to drilling
<br /> or excavating with mechanized equipment. Licensee may request information from Licensor
<br /> concerning the existence and approximate location of Licensor's underground lines, utilities, and
<br /> pipelines at or near the vicinity of the proposed Boring Work by contacting Licensor's
<br /> Telecommunications Helpdesk at least thirty (30) business days prior to performance of the
<br /> Boring Work. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
<br /> information Licensor has in its possession regarding any existing underground lines, utilities, and
<br /> pipelines at or near the vicinity of the Boring Work and, if applicable, identify the location of such
<br /> lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant
<br /> the accuracy or completeness of information relating to subsurface conditions of the Premises
<br /> and Licensee's operations will be subject at all times to the liability provisions herein.
<br /> 11.2 For all bores greater than twenty-six (26) inch diameter and at a depth less than ten (10) feet
<br /> below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor
<br /> prior to construction. This study is to determine if granular material is present, and to prevent
<br /> subsidence during the installation process. If the investigation determines in Licensor's
<br /> reasonable opinion that granular material is present, Licensor may select a new location for
<br /> Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in
<br /> Licensor's sole discretion a remedial plan to deal with the granular material. Once Licensor has
<br /> approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense,
<br /> carry out the approved plan in accordance with all terms thereof and hereof.
<br /> 11.3 Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered
<br /> and secured at all times when Licensee is not working in the actual vicinity thereof. Following
<br /> completion of that portion of the work, all holes or borings constructed on the Premises by
<br /> Licensee shall be:
<br /> 11.3.1 filled in to surrounding ground level with compacted bentonite grout; or
<br /> 11.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
<br /> excavated materials may remain on Licensor's property for more than ten (10) days, but
<br /> must be properly disposed of by Licensee in accordance with applicable Legal
<br /> Requirements.
<br /> LIABILITY AND INSURANCE
<br /> 12. Liability and Indemnification.
<br /> 12.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
<br /> companies, partners, successors, assigns, legal representatives, officers, directors,
<br /> shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
<br /> penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and
<br /> expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
<br /> investigation, removal and remediation, and governmental oversight costs) environmental or
<br /> otherwise; and (c)"Licensee Parties" means Licensee and Licensee's officers, agents, invitees,
<br /> Form 426; Rev.20180910
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