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Form Approved <br /> by VP-Law <br /> LICENSE <br /> THIS LICENSE, made as of the 15th day of March, 1999, between THE <br /> BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a <br /> Delaware corporation (hereinafter called "Licensor"), and MUNCO, INC., a <br /> corporation, and its contractors and subcontractors (hereinafter collectively called <br /> "Licensee"). <br /> WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant <br /> and agree as follows: <br /> 1. Licensor hereby licenses Licensee, subject to the rights and easements hereinafter excepted <br /> and reserved and upon the terms and conditions hereinafter set forth, the land (hereinafter <br /> called "Premises") situated at or near Stockton, County of San Joaquin, State of California, <br /> as shown on print attached hereto, marked Exhibit "A" and made a part hereof, for a term <br /> beginning on the date first written above, and ending or when this License shall be <br /> terminated as hereinafter provided. If any of the Premises are subject to existing leases or <br /> licenses, Licensee shall prior to entering upon the Premises obtain the written consent of <br /> any existing Lessee or Licensee. <br /> 2. Any contractors or subcontractors performing work on the Premises of Licensor, entering <br /> the Premises on behalf of Licensee, shall be deemed the agents of Licensee. <br /> 3. (a) Licensee shall pay Licensor as compensation for the use of the Premises the sum of <br /> One Thousand and No/100 Dollars ($1,000.00)payable in advance. <br /> (b) Licensee additionally agrees to reimburse Licensor (within thirty (30) days after <br /> receipt of written advice from Licensor) for all cost and expense incurred by <br /> Licensor in connection with Licensee's work on the Premises, including but not <br /> limited to the furnishing of Flagman ($500.00 per eight hour day, $95.00 per hour <br /> thereafter), as Licensor deems necessary. <br /> 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in <br /> the Premises, Licensor shall not be liable to Licensee for any damage of any nature <br /> whatsoever, or to refund any compensation paid hereunder. This License is made <br /> expressly subject to any and all leases and licenses which may affect the Premises, and <br /> Licensee shall not disturb in any manner any improvements of Licensor or Licensor's <br /> existing licenses or leases. <br /> 1 <br />