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6-20-1999 11:23AM FROM ADCO/BAYER/CHEROKEE 303 d52 d515
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<br />licensed facility should interfere, in the Licensor's sole and absolute discretion, with the operation and
<br />maintenance of the Licensor's facilities as now or hereafterconstructed. In the event that the Licensee's use
<br />of the Property should, in the reasonable judgment of the Licensor, constitute a hazard to the Licensors
<br />facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the
<br />Licensee's facilities to eliminate such interterence or hazard, and may suspend the Licensee's right to use the
<br />Property under this license until such removal, relocation, or modification is completed.
<br />(5) This license is issued subject to any prior licenses, easements, or leases granted by the
<br />Licensor for improvements of other parties. The Licensor reserves the right to license others to install
<br />improvements in, on, under, or along the Property provided that same shall not interfere unreasonably with
<br />facilities herein authorized.
<br />(6) The Licensee shall not do or permit to be done any blasting above, underneath, or near facilities
<br />on the Property without first having received prior written permission from the licensor. Any blasting shall be
<br />done in the presence of a representative of the Licensor and in accordance with directions such
<br />representativemayglve for the protection or safely of the facilities located on the Properly.
<br />(7) The Licensee agrees that it shall not begin construction on the Property until the Licensee first
<br />provides the Licensor with plans and specifications, and until such plans and specifications have been
<br />approved by the Licensor. The Licensee shall contact the Utility Notification Center of Colorado (1-800-922-
<br />1987) at least two working days prior to the commencement of construction on the Property to arrange for
<br />field locating of utility facilities. Further, if the Licensor has constructed electric transmission facilities on the
<br />Property, the Licensee shall contactthe Licensor's Electric Transmission Lines departmental (303) 273-4655
<br />of least four working days prior to the commencementof construction on the Property, and unless waived by
<br />said department, no construction shall be performed unless a representative of the Licensor is present at the
<br />time and place of construction. The instructionsof such representative relating to the safety of the Licensor's
<br />facilities will be followed by the Licensee, its agents, and employees. Any damage to facilities on the
<br />Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee.
<br />These provisions shall also apply to any other work involving construction, maintenance, operation, repair,
<br />inspection, removal, replacement, or relocation of the licensed facility on the Property.
<br />(8) The Licensee agrees and understands that if the Licensor has constructed natural gas gathering,
<br />storage, transmission, distribution, or related facilitieson the Property, the Licensee has been fully advised by
<br />the Licensor that such natural gas facilities may now transport and may continue to transport natural gas at
<br />significantpressures. The Licensee shall advise all of its employees, agents, contractors, and other persons
<br />who enter upon the Property, pursuant to the provisions of this license, of the existence and nature of such
<br />natural gas facilitiesand the dangerand risk involved.
<br />(9) The Licensee has been fuly advised by the Licensor that the natural gas facilities of the
<br />Licensor, if located on the Properly, may be subject to cathodic protecbon by rectifier and related anode
<br />beds. The Licensorshall not be liable for stray currentor interteringsignals induced in the licensed facility as
<br />a resultof the operating of the Licensor'scathodicprotection system.
<br />(10) The Licensee agrees and understands that if the Licensor has constructed electric power
<br />generation, transmission, distribution, or related facilitieson the Property, the Licensee has been fuly advised
<br />by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at
<br />significant voltages, and that the conductors on electric lines may not be insulated. The Licensee shall
<br />advise all of its employees, agents, contractors, and other persons who enter upon the Property, pursuant to
<br />the provisions of this license, of the existence and nature of such electric facilities and the potential danger
<br />and risk involved.
<br />(11) (a) (i) As used in this license, the term "Claims" means (~) losses, liabilities, and
<br />expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental
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