LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen inch (18”) ductile iron pipe encased in a thirty six inch (36”) steel casing for transporting and conveying class A reclaimed water only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Cheney, Spokane County, State of Washington ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24, 2022, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. A. Licensor grants Licensee a license to construct, use and maintain the Road Crossing at the location shown on Exhibit B subject to the terms and conditions set forth herein. In consideration of the license and permission granted herein, Xxxxxxxx agrees to observe and abide by the terms and conditions of this License and to pay to the Licensor, in advance, a one-time licensee fee of forty-five thousand and 00/100 U.S. dollars ($45,000.00). Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor has executed it. The Licensee will pay the applicable Sales Tax to the Licensor on any payment of the license fee or administrative fee payable under this License, which payment will be made to the Licensor at the same time as the license fee or administrative fee is payable to the Licensor under this License. The failure by the Licensee to pay to the Licensor the amount of any Sales Tax or administrative fee owing and due hereunder will constitute a default by the Licensee under this License and will entitle the Licensor to exercise any and all rights and remedies available to the Licensor for the recovery of the license fee or administrative fee in arrears.
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) 10 inch plastic water pipe encased in a 20 inch steel pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Woodland, Yolo County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated November 20, 2019, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one underground 12 inch encased drinking water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Delta, Delta County, State of Colorado ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated November 23, 2020, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. Licensor hereby grants Licensee the non-exclusive right, on the terms and conditions set forth in this agreement, and on the terms and conditions set forth in Exhibit A (attached hereto and incorporated herein, the terms of which are all specifically made part of this agreement) to construct, operate, and maintain a pump station force main pipeline (the “Pipeline”) across and under the Licensor’s railroad at E. Main Street and County Road 103, in Woodland, California, as shown in more detail in Exhibit B hereto. Licensee shall not engage in any activities on Licensor’s property, Licensor’s right-of-way, or any licensed portion of Licensor’s property (collectively defined as the “Property”) except as necessary to construct, operate, and maintain the Pipeline. Licensee acknowledges and agrees that it may not use, or permit the use of, the Pipeline or the crossing area for any purpose other than that set forth in this agreement. The parties agree that the Pipeline and crossing area are not located in a public right-of-way and that neither this agreement, nor the existence or use of the Pipeline or the crossing area, will either alone or in conjunction with any other crossing right create a public right-of-way as to Licensee or as to any other person or entity. Licensee acknowledges and agrees that the terms and agreements contained in this Article 1 constitute a material inducement to Licensor to enter into this agreement and the transactions contemplated hereby and that Licensor would not have entered into this agreement without the inclusion of this Article 1.
LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) fifteen inch (15") plastic pipe cased in a thirty inch (30") steel pipe casing for an underground sewer pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Kerman, Fresno County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated January 10, 2023, attached hereto as Exhibit A and made a part hereof. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) fifteen inch (15") plastic pipe cased in a thirty inch (30") steel pipe casing for an underground sewer pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate six (6) inch domestic sewage pipeline only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Jenks, Tulsa County, State of Oklahoma ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated March 26, 2019, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground 12 inch PVC pipeline encased in a 20 inch steel pipe for transporting and conveying water only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Conroe, Xxxxxxxxxx County, State of Texas ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 12, 2020, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) underground fiber optic wireline crossing only, including any appurtenances required for the operation of said wireline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Forney, Xxxxxxx County, State of Texas ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 10, 2020, attached hereto as Exhibit A and made a part hereof.
LICENSOR GRANTS RIGHT. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate four (4) underground fiber optic wirelines across Licensor’s track(s) and property (the “Wireline”) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated February 19, 2016, marked Exhibit “A” attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Wireline for a purpose other than for the purpose set forth in this Article I, and the Wireline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Wireline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner.
