(e) The terms "satisfactory" or "satisfaction", as used herein, shall mean approval by Licensor's
<br />• Chief Engineer or his duly authorized representative.
<br />(f) It is understood and agreedby andbetweenthe parties hereto that if this Agreement covers more than
<br />. one pipeline or crossing or more than one track is involved, the terms "Crossing" and "track", re-
<br />spectively, as hereinafter used, shall be construed as Including any one or all of said crossings or
<br />tracks, as the context may require.
<br />3. Licensee, at its sole cost and expense, shall furnish all materials and, at a time and in a manner satis-
<br />factory to Licensor, construct, maintain, relocate, repair, renew, alter, change or remove said Crossing, in accor-
<br />dance with design and specifications shown on the aforementioned drawing and as In this Agreement provided, all in a
<br />prudent and workmanlike manner in conformity with any applicable statutes, orders, rules, regulations and specifi-
<br />cations of any public authority having Jurisdiction, and shall operate or use said Crossing In accordance with all
<br />rules and regulations of Licensor and any such public authority, so as not to Interfere with or endanger in the
<br />Judgement of Licensor, any property, traffic, operation, maintenance, employees or patrons of Licensor or of others
<br />occupying or using Licensor's property at said location. In the event licensee contracts for construction, mainte-
<br />nance, relocation, change and/or removal of said Crossing, Licensee shall require its contractor to comply with all
<br />terms of this Agreement, at the sole risk of Licensee. Notwithstanding anything in this Agreement, Licensor, at any
<br />time, at ltselection, may furnish any materials and perform any work of constructing, changing, maintaining, reloca-
<br />ting or removing said Crossing, at the sole cost and expense of Licensee.
<br />4. Licensee shall give Licensor at least five (5) days' written notice before doing any work of any character
<br />hereunder on Licensor's property, except that In cases of emergency, shorter notice may be given. All notices and
<br />communications concerning this Agreement shall be addressed to Licensee at
<br />Charlottesville, Virginia 22902
<br />and to Licensor at 4900 Osborne Road Richmond Virginia 23231., c/o Divia'on MAnaRpr
<br />or at such other address as either party may designate in writing to the other.
<br />5. Before any work is performed hereunder, or before use by Licensee of the premises for the contracted
<br />purpose, Licensee, at its sole cost and expense, shall obtain all necessary permits or licenses from any Federal,
<br />State or local public authorities having jurisdiction over the property or its intended use, and shall thereafter observe
<br />and comply with the requirements of such public authorities, and all applicable laws and regulations and future modl-
<br />fications thereof. Licensee shall also defend, protect and hold Licensor harmless from failure to obtain permits or
<br />licenses, any violation thereof, or for costs or expenses of compliance.
<br />6. Crossing shall be constructed, maintained and operated In accordance with American Railway Engineering
<br />Association "Specifications for Pipelines for Conveying Flammable and Non-flammable Substances, Part 5, Pipe-
<br />lines" currently In effect, which are incorporated herein and made a part hereof by reference.
<br />. 7. During performance of any work of any character hereunder, Licensee shall support track and roadbed
<br />of Licensor, in a manner satisfactory to Licensor. Licensee shall backfill with satisfactory material and thoroughly
<br />tamp all trenches to prevent settling of surface of land and roadbed of Licensor and shall either remove any surplus
<br />earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed
<br />2
<br />
|