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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 Licenser'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 Licensor'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 visit
<br />up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried
<br />anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the
<br />telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for
<br />relocation or other protection of the fiber optic cable, all at Licensee's expense, and will not commence
<br />any work on Railroad Property until all such protection or relocation has been 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 />property of Licensor as compared with the entire value of such property.
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