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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 <br /> -3- <br />