HomeMy WebLinkAbout2001-252ORDINANCE NO D
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE-
CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM-
PANY FOR A SANITARY SEWER PIPELINE LOCATED AT MILE POST 726 36, CHOC-
TAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXAS, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager or his designee is hereby authorized to execute a Pipeline
Crossing Agreement with Union Pacific Railroad Company for a sanitary sewer pipeline located
at mile post 726 36, Choctaw Subdivision, Town of Argyle, Denton County, Texas substantially
in the form of the Agreement attached hereto and incorporated by reference herein (the "Agree-
ment')
SECTION 2 The expenditure of funds as provided in the Agreement is hereby author-
ized
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of , 2001
EULINE BROCK, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
Crossing -mile post 726 36_ORD doc
PL X 940206
Form Approved, AVP-Law
Folder No: 2019-43
PIPELINE CROSSING In�
AGREEMENT AUDIT_
Mile Post: 725.63, Choctaw Subdivision
Location: Denton, Denton County, Texas
se 6eras apt
THIS AGREEMENT is made and entered into as of Beeem 99; by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and
DENTON, CITY OF, a Texas municipal corporation, whose address is City Hall East, 601 East Hickory,
Suite B, Denton, Texas 76205 (hereinafter the "Licensee').
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article I. LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of
TWO THOUSAND DOLLARS ($2,000.00).
Article II. LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
2 1 " sanitary sewer pipeline crossing (hereinafter the "Pipeline')
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated August 8, 2001, marked Exhibit A. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any other
use, whether such use is currently technologically possible, or whether such use may come into existence
during the life of this Agreement.
Article III. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including uutial construction and
subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreemert Under no
circumstances will Licensee's contractor be allowed onto Licenser's premises without firs, executmg the
Contractor's Right of Entry Agreement
Article V INSURANCE
The Licensee, at its own sole cost and expense, shall provide to the Licensor a Certificate of
Insurance, identifymg Folder No issued by its insurance carrier, certifying to the effectiveness of
insurance as follows
a) General Public Liability providing bodily injury and property damage coverage mth combined
single lint of at least $1,000,000 each occurrence, a portion of which may be self-ir�ured with the
consent and approval of the Licensor The Licensee will also provide to the Licensor a Cerfiticate
of Insurance issued by its insurance carrier confirming the existence of such msurarce and that the
policy or policies contain the following endorsement
UNION PACIFIC RAILROAD COMPANY is named as an additional insured w to respect to all
liabddiesansing out of the existence, use or any Nwrk performed on or associated with the Pipelme
located on Railroad right of way at Mile Post at or near Denton, Denton CoL.nt,, Texas
b) Such insurance shall be endorsed to provide contractural liability assumed by the Licensee under
this Agreement, and that coverage shall not be cancelled or changed mthout gating thirty (30)
days' prior written notice to the Licensor
c) If the Licensee named in this Agreement is a public entity subject to any applicab _ statutory tort
laws, the limits of insurance described above shall be the limits the Licensee then hl, in effect or
which is required by applicatble current or subsequent law, whichever is great: a portion of
which may be self9msured with the consent and approval of the Licensor
d) All insurance correspondence shall be directed to Folder No , Union Pacific Railroad
Company, Real Estate Department, 1800 Famam Street, Omaha, NE 68102
Article VI TERM
This Agreement shall take effect as of the date first herein written and shall conti-,.e m full force
and effect until terminated as herein provided
Article VIl. AMENDMENT OF EXHIBIT B
Sections 7 (b) and 10 of Exhibit B, hereto attached are hereby amended to read as follows
Section 7(b) in addition to other indemnity provisions in this agreement, the Licensee shall
indemnify and hold harmless the Licensor from and against all costs, liability and expense whatsoever
(including, without lunitation, attorney's fees, court costs and expenses) ansmg out of any act or onussion
of the Licensee, agents and/or employees, that causes or contributes to (1) an} damage to
or destruction of any telecommunications system on Licenser's property, and (2) anN injury to or death of
any person employed by or on behalf of any telecommunications company and/or its contractor, agents
and/or employees, on Licensor's property Licensee shall not have or seek recourse against Licensor for
any claun or cause of action by alleged loss of profits or reNenue or loss of service or other consequential
damage to a telecommunication company using Licensor's property or a customer or user of services of the
fiber optic cable on Licensor's property
Section 10 INDEMNITY
As used in this Section, "Licensor" includes other railroad companies using the Licensor's property
at or near the location of the Licensee's installation and their officers, agent and emploN ees, "Loss"
includes loss, damage, clauns, demands, actions, causes of action, penalties, cost and expenses of
whatsoever nature, including court costs and attorney's fees which may result from, (a) injury to or death
of persons whomsoever (including the Licensor's officers agents and employees, the Licensee's officers,
agents and employees, as well as any other person), and (b) damage to or loss or destruction of property
whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of
the Licensor, or property in its care or custody)
As a major inducement and in consideration of the license and permission herem granted, the
Licensee agrees, to the extent permitted by law, to mdernruf} and hold harmless the Licensor from any Loss
which is due to or arises from
The prosecution of any work contempla,ed by this Agreement ircludmg the Installation,
construction, maintenance, repair, renciial, modification, recons ruction, relocation, or
removal of the Pipeline or any part ther.of, or
The presence, operation or use of the Pipeline or contents escaping therefrom, except to the
extent that the Loss is caused by the sole and direct negligence of the Licensor
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
date first herein written
UNION PACIFIC RAILROAD COMPANY
By �l IVC' 4' L
Contracts Representative
DENTON, CITY OF
i�V
PLACE ARROW INDICATING NORTH ke
DIRECTION RELATIVE TO CROSSIN Q'n
`607
3
c
NO SCALE
FCRM '- 4)4 3
R_V 5 . 93
ENCASED NON-FLAMINIABLE
PIPELINE CROSSING
NOTE ALL AVAILAa." DIMENSIONS MUST BE
FILLED IN TO PROC_SS THIS APPLICATION
_FT
FT —
(SE E xOrE ] S S)
FT FT
— FT —
] B sl I
A—rG JCSc �1L� B-'
90 4"] oy
, AQc,y�F
n+a s a Icn.�
lnx'LE c Gass Vcl
I NC.RLSr R i LOP" -
y, WINS FAA i
_
�A �LAOw'.1L(1
W�( ,'L��ki,
i t.
W�?, (OCSCR IOF iIxEO 0d DES' 3 `xL` Od E 1)
(Sa C 5)
(SEE NOif B)
LI FT
Ili A. A'Tti IOISTANCE ALONG TRACK FROM SECTION LINE CA 55NGI
b
� Z�FT
Wy
1 (NOTE THIS OINC VS IOv REWIRED IH ALL CIS 5
A LOCATIONS NOT USING SECTIONS J SiANCF
ID A LEGAL S RVFT LIVE IS REDA-
RR S R/6
1L' — 45; FT L FT
!I
STEEL S AL
s,nnc`F'A•t°c
THICKNENESSS RT C CANA
"II N Y G sr I
(See xo+e z I
MIN I,.B.N C +AEieP OF
1 SLB RIDE
THICeVESS C15'ND PIPE
5001 1/4 OF LESS
I + I
3125 5/16 C EA 12 -18
11Fi 1
3750 3/8 C R I -22
7/16 C R 22 -2B
(. s rt uR I 2 5FT
ZI
4375
5625 1/2 C R
-42
SEAL CAS(HG
FT (za FT MIA 1 I (] , V k )
C R 34
-48
5C0. 451xC 4 b5 vC PIPET (Lee No,e a)
6250 SIB 42 -89
6250 SIB C-S
--
B
OVER IB N_Si B"
(EA PIP+
APPfl^FED By R R CO
—_
\O I
NOTE THIS t A IS ONLY
POP ES Ax Oin M a-u YIELO
S *RENG'n OF a 000 PSI
I IS Fr —
5 Fr ^SG Fi � 55 FT
FOPAWLA 70 FIGL'_ CASING
/�/� —
�
ICQFT
CRO551N0 OTAEn +14 90°
n01 C5 ( +SING LEI.1. N E. e + A G ILONG PIFILINE )
0.4
51` f
n ALL1 NORIION AL D15TAHCES TO BE MCASLREO AT RICH r ANGLES FAN A OF K
II CASINO TO Fa FNO BCTCNO THE i. OF TRACK Ai PONT ANGLES THE CREATE- CF 20 20 FT OR 50 FT
L•N 3
., p Si
AND BEYOND LIMIT OF RAILROAD PONT OF PAT IF NECESSARY TO PROYIOC PAPER LENGTH OUTSIDE OF TRACK
THE ENO OF ANY RAILROAD BRIDGE, t OF ANY CLALVEi OR IPN ANY SMI TCN InC Al
L
` IxC f S)
]r uIx1MA+ OF 50 FAN NIT
I1 SICnn RLPRESCN TATI VC MUST BE PPESCni ;RING INSTALLATION IF RAILAGL SIGNALS ARE lx THE vl C In l iv OF CPC SSI He
OF ROAD C+ SSInOS A OVERHEAD VIADUCTS TGIF[ ROAD ..CI OR CULVERTS
51 ALLOW.OL[ FI x[D CO JLC TS fxCLUOE, BACxe 0.L5 OF 6AIDCESI A
A MINIMUM OF 2 FEET BLLOP T C Cx I STINGFIBER OPTIC CABLE. AN' [xUwTI CN REOuI PfO PI TH In
61 CASK xC AND CARRIER PIPE MUST BE PLACED
5 FEET OF THE EKI T HAD FIBG OPT C CABLE MUST BE HAND DUO
2_—YES,_NO,
"A"
a) IS P(FELINE CROSSING WITHIN DEDICATED STREET EXHIBIT
81 IF YES, NAM(; OF STREET 1pie I111
.
0) DISTRIBUTION LINE OR TRANSMISSION LINE UNION PACIFIC RAILPOAD CO
C)
CARRIER PIPE �A NIy S�LV
COMMODITY TO BE CONVEYED
OPERATING PRESSURE-, 0_ .
TIER M-TERIAL qc
"l`11
WALL THICKNESS ,A ,
E SA
EI
CASING PIPE 11
C CEGIr
r
THICKNESS O MST
Ni.P
WALL
HA E 2" LE ,E BER1AL
NOTE .CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
ENCASED CROSS NG AT
COF
CvP DIAMETER
DIAMETER OFURNISHING 5 CARRIER PDIMENSIONS, IE AND INTERIOR
CASINGEPIPE. WHEN OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE
FI
METHOD OF INSTALLING CASING PIPE UNDER TRACK S)
✓ DRY BORE AND JACK (WET BORE NOT PEPMITTED)
--TUNNEL
, OTHER
RR FiLE NO -DATE
GI
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTORD YES,_ NO,
FACE OF BORING LINO
w A R N I N 0
H)
DISTANCE FROM CENTER LINE OF TRACK TO NEAR
PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK —(]G
IN ALL xusIONS, D. P CONALT'D...ON'
1)
JACKING MIH )
APPLICANT HAS CONTACTED 1-800-336-9193
DEIERMI NECK
DEPARTMENT wtT BE CONTACTED IH ADYAz E
AND
or uLuiIONT01 o/TIC CA3114
U P COMMUNI TION DEPARTMENT, AND HAE
NOT
NIBYR OF
FIBER
OPTIC CABLI:�DOES ;_DOES
WORK TO BE PERFORMED TICKET NO ,WE
PNONE 1 16Do-]]a 51 [5
PLX 9ga 112
Form Approved AVP Lw �r��r� rp�
EXHLB11 3
Section I LIMITATION AND SUROR_nINATION OF RIGHTS GRANTED
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain repair
renew use, operate, change, modify or relocate railroad tracks signal. communication, fiber optics or other wirelinies
pipelines and other facilities upon along or across any or all parts of its property all or any of which may be freely done
at any time or tunes by the licensor without liability to the Licensee or to any other party for compensation or damages
b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the licensors property, and others) and the right of the licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment
a) The Pipeline shall be constructed operated maintained repaired renewed modified c d/or reconstructed by
the Licensee in strict conlomutywith Union Pacific Railroad Co Common Standard Specification 1029 adopted November
1949 rued all amendments thereof and supplements thereto which by this reference is hereby made a part hereof except
as maybe modified and approved by the Llcensor's Vice President Engirieenng Services In the event such Specification
conflicts in awry respect with the requirements of any federal, state or municipal law or regulation such requirements shall
govern on all points of conflict but in all other respects the Specification shall apply
b) All work performed on property of the licensor in connection with the construction, maintenance repair renewal.
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor
c) Prior to the commencement of any work in connection with the construction, maintenance repair, renewal,
modification relocation reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or
tracks of the Licensor, the Licensee shall subrrul to the Licensor plans setting out the method and manner of handling the
work including the shoring and cribbing if any required to protect the til licens �r>operations vices of the hand shall � n the work
oceed with
the work unsuch plans have been approved by the Vice President-Erigmeenrg
shall be done to the satisfaction of the Vice President -Engineering Services or his authorized represenlaUve The licensor
shall have the right if it so elects to provide such support as it may deem necessary for the safety of its track or tracks
during the time of construction, maintenance repair renewal, modification relocation, reconstruction or removal of the
pipeluie and, in the event the Licensor provides such support the Licensee shall pay to the Licensor wnthm Been (15) days
after bills shall have been rendered therefor all expense incurred by the Licensor in connection thereunth which expense
shall include all assignable costs
d) Ths licensee shall keep and maintain the soil over the Pipelne thoroughly compacted and the grade even with
the adjacent surface of the ground
• • Y •) • M ulul7y •lain >I�Y • r •
If an emergency should arse requiring immediate attention the Licensee shall provide as much notice as
practicable to Licensor before commencing arty work In all other situations the Licensee shall notify iris licensor at leas t
ten (10) days (or such other time as the licensor may allow) in advance of the commencement of any work upon property
of the licensor in connection with the construction maintenance repair, renewal. modification. reconstruction relocation
or removal of the Pipeline All such work shall be prosecuted diligently to completion -
The Licensee shall bear the entire cost and expense incurred m connection with the constructio-6 maintenance
repair, and renewal and any and all modification revision relocation removal or reconstruction of the Pipeline, including
arty and all expense which may be incurred by the Licensor in connection therewith for supervision inspection Bagging
or otherwise
Page I oft FAubn e
pltexb
PL X 990112
Form Approved. AVP Lw
Section 5 tyM " RCTMENT R O ATION OR RE MOVAI OF P?U INE
a) The license herein granted is suopat, to the needs and requiremen3 of the licensor in the operation of its railroad
and In the improvement and use of its property and the licensee shall c' the sole expense of the Licensee reinforce Lne
pipeline or move all or any portion of the Pipeline to such new location as the Licensor may designate whenever in tree
furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable
M All the teams, conditions and stipulations herein expressed with reference to the Pipeline on
o the t
inProperty
of the
Licensor in the location hereinbefore deacnbed shall, so far as the Pipeline remains on the property aPP Y Pe
as modified changed or relocated vnthin the contemplation of this aec.on
Section 6 *.10IN I F RFERENCE VMI r rCF'NSOR'S OPERATION
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor ahall be
constructed and at all tunes maintained reaaired, renewed and ope-a'ed in such manner as to cause no interfe,erre
whatsoever with the constant, continuous and uninterrupted use of the tacks property aril facilities of the Licensor cnd
nothing shall be done or suffered to be done by the licensee at any time tit would in any manner impair the safety thereof
Section 7 PRO'jE„^" OF "'°'a nvnr rent E SVRTEMS
a) Fiber optic cable systems maybe buried on the Licensor's property Protection of the fiber optic cable syste^
is of extreme importance since any break could disrupt service to uses resulting in business interruption and loss of
revenue and profits Licensee shall telephone the Licensor at 1-800-336.9 93 (a 24 hour number) to deterr ne d fiber optic
cable is buried anywhere on the Licensor's premises to be used by t,e Licensee If it arrangements folicensr reloctelephone
or other
telecommurucations company(ies) involved. arrange for a cable locc'or make
protection of the fiber optic cable all at Licensee's expense and will cor_-nence no work on the nght of way until all such
protection or relocation has been accomplished Licensee shall inde-'uufy and hold the Licensor h=Jeas from and
against all costs Lability amid expense whatsoever (including without lur_ ation attorneys' fees court costs and expenses)
ansing out of or caused in any way by Licensee's failure to comply wrLl' the provisions of this paragraph
b)-LFlaGidlUo[iiaOtliBis'UraeHautr'Yivrw.'+,n w..w ..y. __...___- _.. _
harmless from and against all costs Lability and expense whatsoever (. cluduig without limitatio�n �alb ees cou:1
costs and expenses) caused by the negligence of the licensee, its co- --actor, agents rempioyees resulting in (l)
any damage to or destruction of any telecommunications system on Liceso or (2) any tr.lury to or death
of any person employed by or on behalf of any telecornm s company and/or its contractor agents and/or
employees on L.jcerisot'e property except ff e ability or expenses are caused solely by Lhe direct active
negligence of the licensor Licensee agrees that it shall not have or seek recourse against Licesor for any claim
or cause of action foL loss of profits or revenue or loss c service or other consequentic: damage to a
leleco on company using Licensor's property or a custorre- or user of services of the fibe- optic cable o ccerl�t'e
.Lice es -property, SEE AFMI OLE Section 8 Cl `'OR LABOR Ah'n TAATFRA T= ?Sa) The licensee shall fully pay for all materalspined or affixed to did labor performeduponpropertyo' the
in connection with the construction maintenance, repair renewal mode: cation or reconstruction of the pipeline and shall
not perrrut or suffer any mechxuric's or materialmans Len of any kind or nature to be enforced against the Property for any
work done or materials furnished thereon at the instance or reques' or on behalf of the Licensee The Licensee shot
hens claims demands
whatsoever
and hold harmless the Licensor against and connected with or growing from
u osiuch a rr done labor performed. orosts ='d expenses mwe als fvmishedf
whatsoever mature in airy way
b) The Licensee shall promptly pay or discharge all taxes charges and assessments levied upon in respect to or
on account of the pipeline, to Prevent the same from becoming a charge or ben upon property of the Lice sor, and so !tort
the taxes charges and assessments levied upon or in respect to such propertyshallo�ebe increased
tbecause
e � placed
location construchon or maintenance of the Pipeline or any improvemer, appliance
upon such property, or on account of the Licensee's interest therein. Where such tic charge or assessment may not be
in &is
Licensor then
the lictenser a seor assessed to halll pay to the Licensor an equitable proportionsee but shall be n of such taxes determinedassessment
of the property Of by the value of the licensee's
property upon property of the Licensor as compared with the entire value of such property
Ext", 8
PLceXI, Page 2 e14
P:. X 980113
Form Approved, AVP Lw
\•:: r•a • •J:ra •: -.•-Ot: r
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move
or disturb any of the other property of the Licensor in connection with the construction, maintenance repair renewal
modification reconstruction relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible
and at Licensee's sole expense, restore such fence and other property to the some condition as the same were in before
such fence was taken down or such other property was moved or disturbed and the Licensee shall indemnify and hold
harmless the Licensor, its officers agents and employees, against and from any and all Lability loss damages, clairris
demands costs and expenses o(wtiatsoever nature including court costs and attorneys' fees which may result from injury
to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever when such injury, death,
damage loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any
other property of the Licensor
Secbon 10 WMZ= SEE ART, r r
a) -As-used•IrttlNeeceor>-zieensor-uecruue�,�.e,-,.....�.,... .......i.._.__- --�
location of the Licensee's installation and their officers, agents, and employees, %oss' includes loss dama awns
demands actions causes of action penalties costs and expenses of whatsoever nature Intl coals and
attorneys' tees which may result from a) injury to or death of persons whomsoever (uwludmg,,C censor's officers
agents and employees the Licensee's officers, agents and employees as well as any o rson) and/or b) damage
to or loss or destruction of property whatsoever (including Licensee's property darns the roadbed tracks equipment,
or other property of the Licensor, or property in its care or custody)
b) As a major inducement and in consideration of the lic;0 rise and permission herein granted the Licensee agrees
to indemnify and hold harmless the Licensor from an s which is due to or arises from
1 The prosecution of an r contemplated by this Agreement including the installation construction
mainmain
tenance,, re renewal. modification reconstruction relocation or removal of the Pipeline or any
prat ther , or
9F.
2 ./ a presence, operation or use of the Pipeline or contents escaping therefrom I�
to the extent that -the Loss iacaused by tkwaols �ddnreo4regligerace of UsaLrcens°F' / 1
: s1u • • ' 1' hl J'r• : Y�: uth : Y • � • . : i171u171i,Y
Prior to the termination of this Agreement howsoever the Licensee shall at Licensee's sole expense
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor
and shall restore to the satisfaction of the Licensor, such portions of such property to as good a condition as they were
in at the time of the construction of the Pipeline If the licensee foils to do the foregoing the licensor may do such work
of iernawl and restoration at lie cost aril expense of the Licensee The Licensor may at its option upon sucn termination
at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and
track or hacks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline
or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor In the event
of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein
provided the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on
account thereof. and such removal and restoration shall in no manner prejudice or impair any right of action for damages
or otherwise that the Licensor may have against the Licensee
The waiver by the Licensor of the breach of any condition covenant or agreement harem contained to be kept.
observed and performed by the Licensee shall in no way impair the nght of the licensor to avail itself of any remedy for
any subsequent breach thereof
page 3 d4 Ddublt B
plicexb
PL X 990111
Form Agroved. AVP Law
a) U the Licensee does not use the right herein granted or the Pipeline for one (1) year, or U the Licensee cor _ uea
in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after w-'ten
notice from the Licensor to the Licensee specifying such default, the Licensor may at its option forthwith immec- ely
terminate this Agreement by written notice
b) In addition to the provisions of subparagraph a) above this Agreement may be terminated by written notice , en
by either party hereto to the other on any date in such notice stated riot less however than thirty (30) days aubseq.-it to
the date upon which such notice shall be given.
c) Notice of default and notice of lerminabon may be served personally upon the Licensee or by mailing to L-a last
known address of the Licensee Termination of this Agreement for any reason shall not affect any of tree ng 's or
obligations of the patties hereto which may have accrued or liabilities accrued or otherwise which may have ems- =nor
thereto
The Licensee shall not assign this Agreement, in whole or in port, or any rights herein granted without the �tten
consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment c this
Agreement or any of the rights herein granted whether voluntary by operation of law, or otherwise without such cc -sent
in wntmg shall be absolutely void and at the option of the Licensor, shall terminate this Agreement
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benef:' c1 the
parties hereto their heirs, executors, administrators, successors and assigns
pbcexb
page 4 of 4 Eidubit B