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SROW# 75987
<br /> L 759g7
<br /> Property for any purpose, including, but not limited to, inspecting, maintaining, installing,
<br /> removing or replacing electrical distribution and transmission facilities, PCS cell
<br /> sites /telecommunication lines and equipment, pipelines, or other utilities or facilities. It is
<br /> understood that from time to time entry will be necessary for inspection, maintenance, and work
<br /> upon Licensor's facilities located upon the Property and, on such occasions, Licensor may in its
<br /> sole discretion determine that it is necessary to close all or portions of the Pedestrian and Bicycle
<br /> Trail and prohibit the public from using same. This License is not exclusive, and Licensor, its
<br /> employees, agents, contractors, representatives, and others whom it may license, may for any
<br /> purpose go upon the Property, make improvements upon the Property and make changes in the
<br /> location of or additions to Licensor's facilities located thereon without payment of compensation
<br /> to Licensee, and without liability for any damage to Licensee's facilities, including but not
<br /> limited to, Pedestrian and Bicycle Trail, approved vegetation, or for any interruption of use of the
<br /> Pedestrian and Bicycle Trail.
<br /> 9. Future Construction. Licensor has expressed intentions and hereby notifies Licensee of
<br /> plans to build upon and expand its facilities on the Property or to allow third - parties to build or
<br /> expand their facilities on or under the Property. Licensor hereby retains the right to revoke or
<br /> temporarily suspend the License if and when such construction or expansion takes place.
<br /> Licensor is not responsible for any repairs to Licensee's improvements as a result of construction
<br /> or maintenance activities, or as a result of those activities conducted by contractors or another
<br /> entity licensed to use said Property.
<br /> 10. Existing Easement Holders and Lessees. Prior to construction, use, and maintenance of
<br /> the Pedestrian and Bicycle Trail, Licensee and its contractors shall observe and comply with, at
<br /> Licensee's sole cost and expense, all notification laws as required by the Underground Facility
<br /> Damage Prevention and Safety Act, also known as "One Call" or "Call Before You Dig," when
<br /> working in or near the Property, and Licensee shall provide written notice to any and all
<br /> easement holders and lessees whose interest affects the Property, with a copy of such notice to
<br /> the Licensor. Licensee and its contractors shall comply with any and all safety codes and laws
<br /> that apply when working along, within and /or near the Property, as well as the requirements of
<br /> any easement, lease or other interest or requirement affecting the Property. In like manner, prior
<br /> to construction of the Pedestrian and Bicycle Trail on the Property, Licensee shall obtain written
<br /> consent from any easement holder, lessee or any other party whose interest affects the Property
<br /> and whose easement, lease or other instrument requires written consent of Licensee's use of the
<br /> Property and shall further deliver copies of such consents to Licensor prior to commencing
<br /> construction. Licensee shall be solely responsible for compliance in all respects with the
<br /> requirements of any easement, lease or other requirement or interest affecting the Property to the
<br /> extent any such interest affects the Property, the License, the Pedestrian and Bicycle Trail or any
<br /> other right of Licensee under this Agreement. To the best of Licensor's actual knowledge,
<br /> without any duty of inquiry or investigation, the current easement holders or lessees located
<br /> within the Property include but are not limited to: Marathon Pipeline; Shell Pipeline; Buckeye
<br /> Pipeline; Kinder Morgan Pipeline; BP Pipeline; Teppco Pipeline; and Chevron Pipeline.
<br /> NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, LICENSEE
<br /> ACKNOWLEDGES AND AGREES THAT LICENSEE IS NOT RELYING ON ANY
<br /> REPRESENTATION, WARRANTY OR STATEMENT OF ANY KIND BY LICENSOR
<br /> TO IDENTIFY ANY EASEMENTS, LEASES OR OTHER REQUIREMENTS OR
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