HomeMy WebLinkAboutResolution 1989-039
RESOLUTION NO. 89-39
WHEREAS, Missouri Pacific Railroad Company (hereinafter called
Railroad Company) has tendered to the City of North Richland Hills, State
of Texas, (hereinafter called City) a license for a water pipeline crossing
at Mile Post 234.76, Watauga, Texas;
WHEREAS, the Council of said City has said proposed agreement before
it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interest of said City will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
That the terms of the agreement submitted by the Railroad Company as
aforesaid be, and the same are hereby, accepted in behalf of the City;
That the Mayor of said City is hereby authorized, empowered, and
directed to execute said agreement on behalf of said City and that the City
Secretary of said City is hereby authorized and directed to attest said
agreement and to attach to each duplicate original of said agreement a
certified copy of this Resolution.
PASSED AND APPROVED by the City Council of the City of North Richland
Hills this o,"s- day of ~~J;-~ , 1989.
APPROVED:
<r J~~
ommy Brown - M or
ATTEST:
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
B. W ZANDBERGEN
GENERAL DIRECTOR
R. F. NIEHAUS
DIRECTOR
W F SOMERVElL
DIRECTOR
m
1416 DODGE STREET
OMAHA NEBRASKA 68179
Oaf,8ØB
OCT 1 3 1989
1339-03
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Mr. Gregory W. Dickens
Director of Public Works
city of North Richland Hills
P.O. Box 18609
North Richland Hills, Texas 76180
Dear Mr. Dickens:
Attached is your fully--executed copy of agreement covering a water
pipeline crossing at Mile Post 234.76, Watauga, Texas.
Before work can begin, the Contractor's Right of Entry Agreement must
be executed by the contractor and returned to me, together with their proof of
insurance, as provided in Article 5 of this agreement.
The Railroad Company has authorized the installation of fiber optic
cable faciliU.es on its property in certain areas. Prior to using the Railroad
Company's property covered herein, you should thoroughly review the terms and
conditions of this document and contact the Railroad Company at 1-800--336-9193
to determine if a fiber optic cable is buried on the subject property.
In accordance with the terms of this agreement, 48 hours in advance
of entering t.he right of way you should arrange to notify our Superintendent:
steve Searle
P. O. Box 9857
Ft. \'lort.h, Texas 76107
( 817) 878-4554
All future insurance notices should be forwarded to:
General Director-'Contracts and Real Estate
Union Pacific Railroad Company
1416 Dodge street
Omaha, Nebraska 68179
~Hncerely ,
R. E. JAC
Manager'-C
Folder No. 1339-0~
PIPELINE AGREEMENT
CROSSING
Mile Post 234.76 Whitesboro Sub.
Watauga, Tarrant County, Texas
11 ~. q~Ot::"'
.~.,",_:~;;,;~~:..~_-i~"~' ~
QaJ
/íJ.. . . THIS AGREEMENT is made and entered into as of the / day of
(1~~ , 19 ¿?9 , by and between MISSOURI PACIFIC RAILROAD COMPANY,
a Delaware corporation, (hereinafter the Licensor) and CITY OF NORTH RICHLAND
HILLS, a Texas municipal corporation, of P.O. Box 18609, North Richland Hills,
Texas 76180 (hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall pay to the
Licensor a license fee of two thousand dollars ($2,000.00).
Article 2. LICENSOR GRANTS RIGHT.
In consideration of the license fee to be paid by Licensee and in
further 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 a water pipeline crossing (hereinafter called the
Pipeline) in the location shown and in conformity with the dimensions and
specifications indicated on the attached print marked Exhibit A.
Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each
and all of the terms, provisions, conditions, limitations and covenants set
forth herein and in Exhibit B, hereto attached.
Article 4. INSURANCE.
The Licensee, at the Licensee's own sole cost and expense, shall
provide to the Licensor a Certificate of Insurance certifying to the effec-
tiveness of insurance as follows:
General Public Liability providing bodily injury and
property damage coverage with combined single limit
for each occurrence, with limits as currently in force
or as required by law, whichever is greater, a portion
of which may be self-insured with the consent and approval
of the Licensor.
PL X 890707
Form Approved, AVP-Law
Such insurance shall be endorsed to provide contractual
liability assumed by the Licensee under this Agreement,
and that coverage shall not be cancelled or changed
without giving thirty (30) days' prior written notice to
Licensor, c/o General Director-Contracts and Real Estate,
1416 Dodge street, Omaha, Nebraska 68179.
Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the pipeline
(including initial construction and subsequent relocation or substantial
maintenance and repair work), then the Licensee shall require its contractor
to execute the Licensor's form Contractor's Right of Entry Agreement.
Licensee acknowledges receipt of a copy of the Contractor's Right of Entry
Agreement and understanding of its terms, provisions, and requirements, and
will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises
without first executing the Contractor's Right of Entry Agreement.
Article 6. TERM.
This Agreement shall take effect as of the date first herein written
and shall continue in full force and effect until terminated as herein
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the date first herein written.
:i~~
Mayor
By
PL X 890707
Form Approved, AVP-Law
CERTIFICATION
I, Jeanette Rewis, City Secretary of the City of North Richland
Hills, Texas do hereby certify that the foregoing is a true and correct
copy of Resolution No. 89-39 approved by the City Council of the City of
North Richland Hills at a regular meeting held on the 25th day of
September, 1989 as the same appears in the records of this office.
In testimony whereof, I subscribed my name hereto officially
under the corporate seal of the City of North Richland Hills, this the 21st
day of August, 1989.
nette Rewis, City Secretary
ity of North Richland Hills, Texas
RESOLUTION NO. 89-39
WHEREAS, Missouri Pacific Railroad Company (hereinafter called
Railroad Company) has tendered to the City of North Richland Hills, State
of Texas, (hereinafter called City) ~ license for a water pipeline crossing
at Mile Post 234.76, Watauga, Texas;
WHEREAS, the Council of said City has said proposed agreement before
it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interest of said City will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
That the terms of the- agreement submitted by the Railroad Company as
aforesaid be, and the same are hereby, accepted in behalf of the City;
That the Mayor of said City is hereby authorized, empowered, and
directed to execute said agreement on behalf of said City and that the City
Secretary of said City is hereby authorized and directed to attest said
agreement and to attach to each duplicate original of said agreement a
certified copy of this Resolution.
PASSED AND APPROVED by the City Council of the City of North Richland
Hills this o,"s- ~ay of ~~J;-A-HhV , 1989.
APPROVED:
~ ~"r~
ommy Brown - M or
ATTEST:
INDICATE NORTH DIRECTION ~/
~.f APPLlCA TION FOR ENCASED
J NON-FLAMMABLE PIPELINE CROSSING
NO SCALE I
( REV I SED JUNE .30, 1988)
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
JiJrr~.8 IN. ,
1 '4 FT.. 1111. "'111. I I
IN. 120 FT MU. 1 I
CASU. ',N', see NDte 41.
I
- J ~ _ _ _ _ _ _ _ _,_ _ _ L ~'Ðt !!..I'E_ _ _ _ _
-1 ' ,
I I
2 D 15 FT.---! !
fu~JN. -i ¡.
0LFT ~IN.
Qb:L1JN.
NOTES I 'CASING L£NGTH ItIEM MEASUIC ALONG '11'EL1I11. 1
) ALL HORJZONTAL DJSTANCES TO BE MEASURED AT RJGHT ANGLES FROM CENTER LINE OF' TRACK.
21 CASJNG TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RJGHT ANGLES THE GREATER OF 2D. 20 FT., OR 30 FT.,
AND BEYOND LJ"IT OF RAILROAD RJGHT-Or-WAY JF NECESSARY TO PROYIf)£ PROPER LENGTH OUTSJDE OF TRACK.
31 "INI..... OF' 50' FROM THE END OF ANY RAJLROAD BRJDGE, CENTERLJNE OF AIf'( CULVERT, OR f'!KII ANY SWITCHJNG AREA.
41 SJGNAL REPRESENTATJVE WST I[ PRESENT DURING INSTALLATION IF RAJLROAD SIGNALS ARE IN THE VJCINJTY OF' CROSSING.
4) 1 T 17~.4 FT. TO RR'S MILE POST NO. 235
3)IS PIPELINE CROSSING WITHIN DEDICATED STREET? ~ES; -1LJM~
C) NAME OF STREET ADJACENT TO U.S. HWY. 377 (DENTON HWY
)CARRIER PIPE:
COMMODITY TO BE CONVE'1.£n PUBLIC WATER TRANSMISSION LINE
OPERATING PRESSUR~ 75± PSI
WALL THICKNESS O. 8" ;DIAMETER 25.80" ;MATERIAL D.I.
;:) CASING PIPE:
WALL THICKNESS 0 ii?")";DIAMETER 42.." ;MATERIALStppl :
NOTE :CASING MUST HAVE 2- CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR
DIAMETER OF CASING PIPE . WHEN FURNISHING
DIMENSIO~ GIVE OUTSIDE OF CARRIER PIPE AND
INSIDE OF CASING PIPE .
~JMETHOO OF INSTALLING CASING PIPE UNDER TRACKrS):
_DRY BORE AND JACK r WET BORE NOT PERMITTED) ;
~TUNNEL ; OTHER
;JDISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30'"",,"
it APPLICANT HAS CONTACTED GARY CAMPBELL
OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER
nPTTr. r.ARI ~ oo~~ : X DOES NOT: EXIST IN VICINITY OF
l1li'
..&. ~T..?..IN._
I ,
.
J
4-fT~1k
'See Note 31.
I
.1.
TO
NORTH HEADWALL or TRESTLE #2351 I
, DE$CR J IE F I XED DI~ECTl I
·WATAUGA ROAD
2 744.9 FT,
(NOTE: THIS DIMENSION NECESSARY
I N ALL CASES.)
·SOUTH ëÏTY LIMITS, WATAUGA, TEXAS
5~T~IN.
I
-i
I
I
~ "IN. DIST
I ,... .... ...
"
"
5 FT.
~S_1II1r
'DESCRIBE FIXED OBJECTJ
TO
. , " . I . .
IN ALL OCCASIIIeo u. t. CCMulICATIIIIIS 50 0
DE""'MNT IlAT BE CONTACTED IN AOYMCE ~T~IN.
.. - - " ...-,. ,,"'... .. j
LOCAT lOllOf' , I lEI! OPT I C CAlLI.
I'HOIC 1 l-eoo-33a-tIl3
~~JN.
s
I"
STEEL CASING WALL
THICKNESS CHART
MINJMUM DIAMETER OF
~HICKNESS CASJNG PIPE
1/4- 12- OR LESS
5/1 S- OYER 12-- 1 S·
3/S- OVER ,,-- 22·
7/1S- OYER 22--2S·
1/2" OYER 2S-- 34·
91 II- OVER 3"-- 42·
5/S- OVER 42-- 4B·
OVER 4'- YJST BE
APPROYED 8Y R. R. co.
NOTE: THIS CHART IS
ONL Y FOR SMOOTH STEEL
MlitJ1NGy r~(¡fSs Nl.rGTf
OF 35.000 PSI.
,
,
15~T~JN.
IEXHli17r-n ")1 II
~1 ~ :'0,-","-' PAC I F I C RA I LROAD CO.
W Hires BaRO
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I_'YIII.
23~~..fWTI ,,»~~_Tx.
GMS SEGMENT NO :
25.&" WAïER:. PIPELINE
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CROSSING FOR
~1-rY OF NØr<ïN 1?IC~I.,AA/P ~II.'-S
~R CNan
fl W~l~""GA ïA~N\. -rEx AS
teaT.""
FILE NO: 1339-o..:~
~F I CE8~~~H ~ ~cfNG I NEER
Pl X 890707
Fonm Approved, AVP-law
EXHIBIT B
Section I. liMITATION AND SUBORDINATION Of RIGHTS GRANTED.
. . (a~ The foregoing grant of right is subject and subordinate to the prior and
çontln~lng right and obJigation of the licensor to use and maintain its entire property
Including the right and power of the licensor to construct, maintain, repair, renew, use,
operate, ch~nge, mçdify or relocate railr~d.tracks, signal, communication, fiber optics, or
other wlrellnes, pipelines and other faCilities upon, along or across any or all parts of its
property, all or any of which may be freely done at any time or times by the licensor without
liability to the licensee or to any other party for compensation or damages.
(b) The foregoing grant is also sUbject to al I outstanding superior rights
(incl~ding those i~ favor of licensees and lessees of the liçensor's property, and others) and
the right of the licensor to renew and extend the same, and IS made without covenant of title
or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed,
modified and/or reconstructed by the licensee in strict conformity with Union Pacific Railroad
Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and
supplements thereto, which by this reference is hereby made a part hereof, except as may be
modified and approved by the licensor's Assistant Vice President-Engineering Services. In the
event such Specification conflicts in any respect with the requirements of any federal, state
or municipal law or regulation, such requirements shall govern on al I points of conflict, but
in all other respects the Specification shal I apply.
(b) All work performed on property of the licensor in connection with the
construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
shall be done under the supervision and to the satisfaction of the licensor.
(c) Prior to the commencement of any work in connection with the construction,
maintenance, repair, renewal, modification, re ocation, reconstruction or removal of the
Pipeline where It passes underneath the roadbed and track or tracks of the licensor, the
licensee shall submit to the licensor plans setting out the method and manner of handling the
work, including the shoring and cribbing, if any, required to protect the licensor's
operations, and shall not proceed with the work until such plans have been approved by the
Assistant Vice President-Engineering Services of the licensor and then only under the
supervision of the Assistant Vice President-Engineering Services or his authorized
representative. The licensor shall have the right, if It so elects, to provide such support as
it may deem necessary for the safety of its track or tracks during the time of construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline, and, In the event the licensor provides such support, the licensee shall pay to the
licensor, within fifteen (15) days after bi I Is shal I have been rendered therefor, all expense
incurred by the licensor in 'connection therewith, which expense shal I include all assignable
costs.
(d) The licensee shall keep and maintain the soil over the Pipeline thoroughly
compacted and the grade even with the adjacent surface of the ground.
Section 3. NOTICE Of C()f ENCEMENT Of WORK.
If an emergency should arise requiring immediate attention, the licensee shall
provide as much notice as practicable to licensor before commencing any work. In all other
situations, the licensee shall notify the licensor at least ten (10) days (or such other time
as the licensor may allow) in advance of the commencement of any work upon property of the
licensor in connection with the construction, maintenance, repair, renewal, modification,
reconstruction, relocation or removal of the Pipeline. AI I such work shall be prosecuted
di ligently to completion.
Section 4. liCENSEE TO BEAR ENTIRE EXPENSE.
The licensee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair and renewal and any and al I modification, revision,
relocation, removal or reconstruction of the Pipeline, including any and all expense which may
be incurred by the licensor in connection therewith for supervision, inspection, flagging, or
otherwise.
Exhibit B
page I of 4
04 5n
PL X 890707
Form Approved, AVP-Law
Section 5. RELOCATION OR REMOVAL OF PIPELINE.
. ,(a) The lic~nse herein granted is s~bject to the needs and requirements of the
Llcen~or In the operation of Its railroad and In,the Improvement and use of its property, and
the Licensee shall, at the sole expense of the Licensee, move all or any portion of the
~ipeline to such n~w location as the Licensor may designate,. whenever, In the furtherance of
Its needs and requirements, the Licensor shall find such action necessary or desirable.
(b) AI I the tenms, conditions and stipulations herein expressed with reference to
the Pipeline on property of the Licensor in the location hereinbefore described shall, so far
as the Pipeline remains on the property, apply to the Pipeline as modified, changed or
relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property
of the Licensor shall be constructed and, at al I times, maintained, repaired, renewed and
operated in such manner as to cause no interference whatsoever with the constant, continuous
and uninterrupted use of the tracks, property and faci lities of the Licensor, and nothing
shall be done or suffered to be done by the Licensee at any time that would In any manner
impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection
of the fiber optic cable systems is of extreme importance since any break could disrupt
service to users resulting in business interruption and loss of revenue and profits. Licensee
shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to detennine if fiber optic
cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is,
Licensee will telephone the telecommunications company(ies) involved, arrange for a cable
locator, and make arrangements for relocation or other protection of the fiber optic cable
prior to beginning any work on the Licensor's premises.
(b) In addition to the liability tenms elsewhere in this Agreement, the Licensee
shall indemnify and hold the Licensor hannless against and from all cost, liability, and
expense whatsoever (including, without limitation, attorney's fees and court costs and
expenses) arising out of or In any way contributed to by any act or omission of the Licensee,
its contractor, agents and/or employees, that causes or in any way or degree contributes to
(I) any damage to or destruction of any telecommunications system by the Licensee, and/or its
contractor, agents and/or employees, on Licensor's property, (2) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or ItS contractor,
agents and/or employees, on Licensor's property, and/or (}) any claim or cause of action for
alleged loss of profits or revenue by, or loss of service by a customer or user of, such
telecommunication company(ies).
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee' shall fully pay for all materials joined or affixed to and labor
performed upon property of the Licensor In connection with the construction, maintenance,
repair, renewal, modification or reconstruction of the Pipeline, and shall not pennit or
suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at the instance or request or on
behalf of the Licensee. The Licensee shal I indemnify and hold hannless the Licensor against
and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any
way connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly payor discharge all taxes, charges and assessments
levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a
charge or lien upon property of the Licensor, and so that the taxes, charges and assessments
levied upon or in respect to such property shall not be increased because of the location,
construction or maintenance of the Pipeline or any improvement, appliance or fixture connected
therewith placed upon such property, or on account of the Licensee's interest therein. Where
such tax, charge or assessment may not be separately made or assessed to the Licensee but
shall be included in the assessment of the property of the Licensor, then the Licensee shall
pay to the Licensor an equitable proportion of such taxes determined by the value of the
Licensee's property upon property of the Licensor as compared with the entire value of such
property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the
Licensor or in any manner move or disturb any of the other property of the Licensor in
Exhibit B
Page 2 of 4
04 5n
Pl X 890707
Form Approved, AVP-law
connection with the construction, maintenance, repair, renewal, modification, reconstruction
relocation or removal of the Pipeline, then in that event the licensee shall, as soon as '
poss¡b!e and at licensee's ~ole expense, restore such fence and other property to the same
condition as the same were In before such fence was taken down or such other property was
mov~d or disturbed, and the licensee shall indemnify and hold harmless the licensor, its
officers, agents and employees, against and from any and all liability, loss, damages, claims,
d~nds, costs and ex~n~es of whatsoever nature, including court costs and attorneys' fees,
which may result from Injury to or death of persons whomsoever, or damage to or loss or
destruction of property whatsoever, when such injury, death, damage, loss or destruction grows
out of or arises from the taking down of any fence or the moving or disturbance of any other
property of the licensor.
Section 10. INDEMNITY.
As used in this Section, "licensor" includes other rai I road cçmpanies using the
licensor's property at or near the location of the licensee's installation and their officers,
agents, and employees; "loss" includes loss, damage, claims, demands, actions, causes of
action, penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees, which may result from: (a) injury to or death of persons whomsoever
(including the licensor's officers, agents, and employees, the licensee's officers, agents,
and employees, as well as any other person); and (b) damage to or loss or destruction of
property whatsoever (including licensee's property, damage to the roadbed, tracks, equipment,
or other property of the licensor, or property in Its care or custody).
As a major inducement and in consideration of the license and penmission herein
granted, the licensee agrees to indemnify and hold harmless the licensor from any loss which
IS due to or arises from:
I. The prosecution of any work contemplated by this Agreement including the
installation, construction, maintenance, repair, renewal, modification,
reconstruction, relocation, or removal of the Pipeline or any part thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the loss is caused by the sole and direct negligence of the licensor.
Section II. REMOVAL Of PIPE liNE UPON TERMINATION Of AGREEMENT.
Prior to the termination of this Agreement howsoever, the licensee shall, at
licensee's sole expense, remove the Pipeline from those portions of the property not occupied
by the roadbed and track or tracks of the licensor and shall restore, to the satisfaction of
the licensor, such portions of such property to as good a condition as they were in at the
time of the construction of the Pipeline. If the licensee fails to do the foregoing, the
licensor may do such work of removal and restoration at the cost and expense of the licensee.
The licensor may, at its option, upon such termination, at the entire cost and expense of the
licensee, remove the portions of the Pipeline located underneath its roadbed and track or
tracks and restore such roadbed to as good a condition as it was in at the time of the
construction of the Pipeline, or it may permit the licensee to do such work of removal and
restoration under the supervision of the licensor. In the event of the removal by the
licensor of the property of the licensee and of the restoration of the roadbed and property as
herein provided, the licensor shall in no manner be liable to the licensee for any damage
sustained by the licensee for or on account thereof, and such removal and restoration shall in
no manner prejudice or impair any right of action for damages, or otherwise, that the licensor
may have against the licensee.
Section 12. WAIVER Of BREACH.
The waiver by the licensor of the breach of any condition, covenant or agreement
herein contained to be kept, observed and perfonmed by the licensee shall in no way impair the
right of the licensor to avail itself of any subsequent breach thereof.
Section 13. TERMINATION.
(a) If the licensee does not use the right herein granted or the Pipeline for one
(I) year, or if the licensee continues in default In the performance of any covenant or
agreement herein contained for a period of thirty (30) days after written notice from the
licensor to the licensee specifying such default, the licensor may, at its option, forthwith
immediately terminate this Agreement by written notice.
Exhibit B
Page 3 of 4
0405n
PL X 890707
Fonn Approved, AVP-Law
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be
terminated by written notice given bV either party hereto to the other on any date in such
notice stated, not less, however, than thirty (~O) days subsequent to the date upon which such
notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the
Licensee or by mai ling to the last known address of the Licensee. Tennination of this
Agreement for any reason shall not affect any of the rights or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen
prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights
herein granted, without the written consent of the Licensor, and it is agreed that any
transfer or assignment or attempted transfer or assignment of this Agreement or any of the
rights herein granted, whether voluntary, by operation of law, or otherwise, without such
consent in writing, shall be absolutely void and, at the option of the Licensor, shall
terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs, executors, administrators,
successors and assigns.
Exhibit B
Page 4 of 4
0405n