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ROE 880702 Form Approved,AVP-Law Flagging charges are not included in the sum recited in the preceding paragraph, and will be billed separately, if incurred. Article X. PERFORMANCE BOND IS REQUIRED. Licensee shall furnish to Railroad a Performance bond in the amount of$5,000.00, written by a Surety(ies) authorized to transact business in the state(s) involved, firmly binding the Licensee, as Principal, and the Surety(ies) for payment of a penal sum in the above recited amount to insure the Licensee's full and complete performance of all of the undertakings, covenants, terms, conditions, agreements and obligations under the original term of this Agreement, and any extensions thereto that are granted by the Railroad; and any written modifications hereto that are agreed to by the Licensee and the Railroad. This Performance bond will not be released by the Railroad until all monitor wells, and other facilities,have been properly and lawfully removed from the Railroad's property by the Licensee. Article XI. INSTALLATION OF GROUNDWATER MONITORING WELLS. Any monitor wells installed pursuant to this Agreement shall be constructed with a locking top that will withstand automobile and truck traffic, and shall be built flush with the surrounding ground, in order to eliminate any tripping hazard to Railroad's employees, or others. The monitor well top(s) shall be kept locked, except when taking samples. On or before the conclusion of this Agreement, howsoever, the Licensee shall furnish to the Railroad, at the address indicated above, written documentation to confirm the lawful removal and closure of all monitor wells and other facilities, and cause Railroad's property to be restored to a comparable condition that existed at the commencement of this Agreement. Article XII. LICENSEE SHALL FURNISH INFORMATION TO THE RAILROAD. Prior to entering Railroad's property, the Licensee shall also furnish to Railroad a copy of all correspondence (which shall remain a continuing obligation that includes all past and any future correspondence) with any regulatory agencies, or others, that may be involved in this project; a copy of a work plan and a location plan. Prior to the conclusion of this Agreement, the Licensee shall also furnish to the Railroad a copy of all boring logs, and all analytical results obtained hereunder; and advise the Railroad of any and all clean-up activities undertaken with respect to this project and the results and conclusion of same. All required information shall be directed to Union Pacific Railroad Company, c/o Mr. Joel Strafelda, 1400 Douglas Street, STOP 1030, Omaha,NE 68179-1030. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY MOORE PETROLEUM Federal Taxpayer I.D. # 4-6001323 e By. c By Dire -Contracts Title: pYe �� Thr �f, �otY 6nv�ralc�t, (Pursuant to ordinance, resolution, or other evidence of proper authority to execute this instrument, a copy of which shall be attached to the Railroad's original counterpart of this document.) Folder No.02324-65