Laserfiche WebLink
D. Licensor's operations and work performed by Licensor's personnel may cause delays in <br />Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that <br />Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee <br />must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field <br />Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; <br />EMERGENCIES" Section of this Exhibit B. <br />E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for <br />the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, <br />maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. <br />In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay <br />Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. <br />F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities <br />only upon the prior authorization from and under the direction of Licensor's Field Representatives. <br />Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licenser's <br />then -current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including <br />any applicable Federal Aviation Administration regulations and enactments pertaining to UAS. <br />Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br />Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable <br />systems is of extreme importance since any break could disrupt service to users resulting in business <br />interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE <br />OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall <br />telephone Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through <br />Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to <br />determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, <br />Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, <br />make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, <br />and will not commence any work on Railroad Property until all such protection or relocation has been <br />completed. <br />Section 7. LICENSEE'S PAYMENT OF EXPENSES. <br />A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, <br />modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities. <br />B. Licensee shall fully pay for all materials joined, affixed to and labor performed on <br />Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, <br />renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any <br />mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work <br />done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall <br />promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of <br />Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, <br />and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be <br />increased because of the location, construction, or maintenance of Licensee's Facilities or any <br />improvement, appliance, or fixture connected therewith placed upon such property, or on account of <br />Licensee's interest therein. Where such tax, charge, or assessment may not be separately made or assessed <br />to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to <br />Licensor an equitable proportion of such taxes determined by the value of Licensee's property upon <br />