MODIFICATIONS TO LICENSEE'S FACILITIES Clause Samples

MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant of a Right of Entry is subject to Licensor's safe and efficient operation of its property, and continued use and improvement of MESD’s Property (collectively, "MESD's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of MESD's Use. B. Upon any Modification of all or any portion of Licensee's Facilities to another location on MESD Property, Licensor and Licensee shall execute a Supplemental Agreement the original Right of Entry Agreement to document the Modification(s) to Licensee's Facilities on MESD Property. If the Modifications result in Licensee's Facilities moving off of MESD Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "LONG-TERM RIGHT OF ENTRY LICENSE; TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit A. Any such Modification(s) off of MESD Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, (i) in the furtherance of Railroad's Use, or