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Tracking No. 23W-19543 10.4 Any contractors or subcontractors performing Environmental Work on the Premises, or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 10.5 No work, as set forth in Section 4, may be conducted by Licensee without Licensor's written consent of said workplan for the purpose specified in Section 4. Such review and consent by Licensor shall not constitute an endorsement of the sufficiency or effectiveness of any workplan. 10.6 No monitoring wells may be installed on the property prior to written approval of Licensee's workplan for the installation of such monitoring wells. Upon obtaining such consent, Licensee shall provide Licensor the location of said well(s) relative to Licensor's nearest trackage, identifying Licensor's nearest Mile Post sign number. 10.7 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery,or place or store any mechanized equipment,tools or other materials,within twenty-five(25)feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to endanger or interfere with (i)the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii)the safe operation and activities of Licensor or existing third parties, or(iii)the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 11. Boring and Excavation. 11.1 Prior to Licensee conducting any boring, excavation, or similar work on or about the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee may request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities and pipelines at or near the vicinity of the proposed Environmental Work by contacting Licensor's Telecommunications Helpdesk at (817) 593-5900 at least thirty (30) business days prior to performance of the Environmental Work. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Environmental Work, and if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 11.2 For all bores greater than twenty-six inch (26")diameter and at a depth less than ten feet(10')below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to the performance of the Environmental Work. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 11.3 Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be restored in accordance with Section 21 below. Form 427; Rev. 20140815 -3-