1991 AGN APR 02 I06 - Laserfiche WebLink

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(including the evaluation thereof) to Licensor's signal communication equipment (equipment) located in the vicinity of Licensee's facilities. If, in Licensor's opinion, it is determined from such test that the operation of Licensee's facilities interferes with normal and required operation of Licensor's equipment, Licensee shall be obligated to de -energize its Licensor's equipment. Licensee shall pay for all modifications to either its own facilities or to Licensor's equipment that are required to eliminate or mitigate all interference to Licensor's equipment. If said facilities or any portion thereof are underground, project markers in form and size satisfactory to Licensor identifying the facility and its owner will be installed and constantly maintained by and at the expense of Licensee at Licensor's property lines or such locations as Licensor shall approve. Such markers shall be relocated upon request of Licensor without expense to Licensor. 5. The rights herein granted are subject to the rights of Licensor (or anyone acting with the permission of Licensor) to construct, reconstruct, maintain and operate fiber optic and other telecommunications system (systems) in, upon, along, across and beneath the premises and right-of-ways of Licensor including the premises through which said facilities shall be constructed. Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses would not have been incurred except by reason of the use of the premises by Licensee, its agents, employees or invitees including relocation costs or any damaged incurred by such owner due to injury to the system's). In addition to other provisions of this agreement requiring Licensee to give notice prior to commencing work, Licensee shall telephone Licensor at 1-800-283-4237 (a 24-hour number) to determine if a telecommunications system is buried anywhere on or about the premises defined or included herein. If it is, Licensee will telephone the owner of the system designated by Licensor, arrange for a cable locator and make arrangements for relocation or other protection for the system prior to beginning any work on the said premises. 6. Licensor reserves the right, at any time or times that Licensor deems it necessary, to require Licensee, at Licensee's expense, to reconstruct, alter or change the location of Licensee's facilities. Licensee shall keep Licensor's premises in a neat and safe condition, so far as affected by said facilities, keeping the track area and toe path clear of all obstructions including but not limited to any holes, depressions or excavations of any sort. Licensee agrees to reimburse Licensor for any expense incurred by Licensor by reason of the construction, presence, maintenance, use or removal of said facilities on Licensor's premises including expense arising from delays to engines, trains and/or Licensor's tracks. (2)