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Home My WebLink About20211086.tiffDocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 LICENSE FOR RIGHT -OF -ENTRY AND USE OF PREMISES This License Agreement ("License") shall be effective on the last date of signature set forth below (the "Effective Date") by Great Western Railway of Colorado, LLC ("Licensor") and Switchback Drilling, LLC ("Licensee"). Licensor and Licensee may sometimes be referred to individually as a "Party" or collectively as the "Parties." Licensor hereby permits Licensee to enter upon Licensor's property located in Greeley, County of Weld, State of Colorado (the "Premises"), subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and subject to the following terms and conditions: 1. This License is for Licensee's exclusive use and shall not be assignable. Licensor grants this License to Licensee for entry on to the Premises for the sole purpose of Right of entry for the installation of an underground fiber optic wire line on behalf of Weld County Government as detailed in Agreement 409366, crossing Licensor's property at or near 14th Avenue and A Street, Greeley, Weld County, Colorado at Mile Post No. 98. As a condition of this License, Licensee shall undertake its use of the Premises in compliance with all federal, state, municipal and local laws and regulations and in a good and workmanlike manner satisfactory to Licensor. Licensor will not execute this License until it receives a signed original from Licensee and in no event is entry permitted until Licensor has executed this License and Licensee has complied with all of the terms and conditions of Section 3 of this License. Licensee shall pay to Licensor the sum of three thousand five hundred dollars ($3,500.00) to cover preparation and administration of this License. This sum is not refundable in the event Licensee elects not to enter upon Licensor's Premises or in the event Licensor elects to terminate this License for any reason whatsoever. Licensor shall have the right, but not the duty, to require Licensee to furnish detailed plans prior to entering the Premises and to view and inspect any activity or work on Licensor's Premises. The review of the plans orthe inspection of the activity or work on Licensor's Premises shall in no way reduce Licensee's obligations under this License, nor shall it be considered an acceptance of the suitability of the plans, activities or work by Licensor or deemed to be a waiver of Licensor's rights under this License. 2. The right to enter the property as granted by this License shall commence May 10, 2021 and shall remain in effect through and including June 09, 2021. Thereafter, this License may be extended at the sole option of Licensor for such additional terms as Licensor deems necessary. Notwithstanding the foregoing, Licensor reserves the right to revoke this License at any time prior to the termination date upon giving not less than twenty-four (24) hours' written notice to Licensee. Upon termination of this License, Licensee shall remove all of its property, leaving the Premises in a neat and safe condition which is satisfactory to Licensor's Vice President of Engineering or other authorized representative, failing in which Licensor may do so at Licensee's sole cost, risk, and expense. 3. Licensee shall notify Licensor in writing at least three (3) working days in advance before entering upon or starting any work upon the Premises. No entry or use of the Premises will be permitted until this License is signed, charges hereunder paid, and evidence of the insurance coverage required under Section 8 hereof has been received and accepted by Licensor. 4. All costs associated with Licensee's entry upon and use of the Premises shall be borne solely by Licensee. Page 1 of 11 RE_Right of Entry cc: =T(AC/ Wt -r H / R R) V1R9, Aug 2019 rnmvnicG.tions oy/�7/�.I oo`oI-IogCv o5/o5i'ai =-r©o10 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 5. Any subcontractor, person or entity that Licensee invites or authorizes to enter or work upon the Premises shall be subject to all applicable terms of this License and shall be deemed agents of Licensee. Licensee shall take all necessary means to communicate the applicable terms of this License to the person or entity it invites or authorizes upon the Premises prior to their entry onto the Premises. 6. Licensee shall work only in such area(s) of the Premises as Licensor designates. 7. Licensee acknowledges that persons and property on or near the Premises, whether during construction, installation, use, maintenance or relocation are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others and Licensee confirms that it is aware of such dangers and accepts this License subject to such dangers. A. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND ANY OWNER, SUBSIDIARY, PARENT AND AFFILIATES OF LICENSOR, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (EACH INDIVIDUALLY AN "INDEMNITEE" AND COLLECTIVELY THE "INDEMNITEES") AND TO ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSE, ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS, SUITS AND CAUSES OF ACTION OR IN THE ENFORCEMENTS OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OR EXERCISE OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION OR REMOVAL OF ANY STRUCTURE INCIDENT THERETO, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, EXCEPT TO THE EXTENT CAUSED BY THE SOLE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNITEE SEEKING INDEMNIFICATION. B. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY HEREIN ASSUMED BY LICENSEE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, EMPLOYEES OR INVITEES OF EITHER OF THE PARTIES HERETO, AND WHETHER SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS' COMPENSATION ACT OR FEDERAL EMPLOYERS LIABILITY ACT. C. LICENSEE, FOR ITSELF, AND FOR ITS HEIRS, SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES, DOES HEREBY AGREE TO PROTECT, DEFEND, AND INDEMNIFY THE INDEMNITEES FROM, AND TO REIMBURSE THE INDEMNITEES FOR, ANY AND ALL LIABILITY AND DAMAGES ARISING OUT OF THE RISKS HEREIN ASSUMED BY LICENSEE, INCLUDING CLAIMS, JUDGMENTS, COSTS, ATTORNEYS' FEES, AND ALL OTHER JUDGMENTS ARISING FROM ANY LIABILITY ASSUMED BY LICENSEE HEREIN. D. LICENSEE SHALL, AT ITS SOLE EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND ON THE DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, SUITS AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD LICENSOR AS USED IN THIS INDEMNITY SECTION SHALL Page 2 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE LICENSE AREA. 8. Licensee shall purchase and maintain insurance as specified below covering this License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: A. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years afterthe termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50') of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). B. Workers' Compensation and Employers' Liability Insurance providing statutory workers' compensation benefits mandated under applicable state law and Employers' Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop -gap endorsement on either the Commercial General Liability or Workers' Compensation Policy is required to meet the Employers' Liability Insurance requirement. C. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. D. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers' Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. All insurance required of Licensee with the exception of Workers' Compensation and Employers' Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders, and employees ("Required Parties") as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties Page 3 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. All insurance shall provide Licensor a minimum of thirty (30) days' advance written notice of insurer's intent to cancel or otherwise terminate insurance coverage. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims -made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days' advance written notice of insurer's intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of Required Parties. Notwithstanding the foregoing, Licensee may self -insure for any of the above -required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self -insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self -insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee's Risk Manager or another designated authorized signatory. With respect to Workers' Compensation, Licensee shall also provide state -issued self -insured authorization documents to Licensor, where applicable by state law. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent or broker who has been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. Licensee's compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 9. Licensee shall comply, at its sole cost and expense, with all applicable laws, regulations, rules, and orders with respect to the use of the Premises, regardless of when such become effective. 10. Regarding its use of the Premises, Licensee acknowledges that the safe and uninterrupted operation of Licensor's trackage takes precedence over Licensee's use of the Premises, and to the extent possible, Licensee's use of the Premises shall not interfere with the movement of any trains or other operations of Licensor. If such Page 4 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1 A-BCE6-BAB720882858 Agreement No. 409368 interference is necessary, Licensee shall not proceed until having first obtained specific authority and directions from Licensor. If, in the opinion of Licensee or Licensor, conditions warrant at any time, Licensor will provide flag service and protection at the expense of Licensee and Licensee will pay to Licensor the full cost and expense for said flag service and protection within thirty (30) days of receiving an invoice for same. 11. All equipment working on or material in use upon the Premises shall be kept at all times not less than fifteen feet (15') from the nearest live rail of any track or such other distance as Licensee is subsequently notified in writing of by Licensor. Licensee shall conduct its operations so that no part of its equipment shall foul an operating track, transmission, signal or communication line or any other structure of Licensor. Licensee shall at no time cross Licensor's property or track(s) with vehicles or equipment of any kind or character except at an existing and open public grade crossing. 12. Licensee shall pay in full for all materials joined or affixed to the Premises and shall pay in full all persons who perform labor on its behalf on the Premises. Licensee shall not suffer any mechanics' or materialmens' liens of any kind to be filed on or enforced against the Premises for any work done or materials furnished at Licensee's request. If any such liens are filed thereon, Licensee shall indemnify Licensor against such liens and shall immediately remove the same at its sole cost and expense, and shall pay any judgment which may be entered thereon or thereunder. Should Licensee fail, neglect, or refuse to do so, Licensor shall have the right to pay any amount required to release any such liens, or to defend any action brought thereon, and to pay any judgment entered therein and Licensee shall be liable to Licensor for all costs, damages, attorneys' fees and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained for them. 13. If any property or facility of Licensor is endangered by Licensee's entry upon or use of the Premises, Licensee shall notify Licensor immediately by telephone and in writing. If any facility of Licensor is damaged as a result of Licensee's entry upon or use of the Premises, Licensee shall, upon presentation of a bill, reimburse Licensor for any costs expended to repair or replace the facility within thirty (30) days of having received the bill. 14. All of the obligations, representations, and warranties of Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive this License's termination or expiration. 15. All dollar amounts are in U.S. dollars. 16. Except as otherwise expressly set forth in this License, all notices, demands and other communications required or permitted by this License to be given or delivered under or by reason of the provisions of this License shall be in writing and shall be deemed to have been given (a) when given and received if delivered in person, (b) three (3) business days after mailing by first-class mail, registered or certified, return receipt requested, charges prepaid, or (c) one (1) business day after being sent by overnight courier, charges prepaid, to the Parties, in each case at the following addresses: Licensor: Great Western Railway of Colorado, LLC ATTN: Director, Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 WITH A COPY TO: ATTN: General Counsel Licensee: Switchback Drilling, LLC ATTN: Contract Administration 5700 East County Road 20E Loveland, Colorado 80537 Page 5 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 Great Western Railway of Colorado, LLC 252 Clayton Street, 4th Floor Denver, Colorado 80206 17. The failure of Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. 18. Licensor's remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. 19. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by fire, accidents, strikes, labor difficulties, acts of God, riots, war, acts of terrorism governmental action or regulation or by any other cause which is reasonably unavoidable or beyond its reasonable control. 20. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. 21. This License constitutes the full and final agreement and understanding of the Parties with respect to the subject matter hereof. This License supersedes and cancels all prior and contemporaneous oral representations, statements, promises, agreements, understandings of the parties regarding the subject matter hereof. This License shall not be amended, modified or canceled unless such amendment, modification or cancellation is set forth in a written instrument signed by all Parties. No Party shall be deemed to have waived any provision of this License unless such waiver is reduced to a written instrument signed by the Party to be charged. 22. All Exhibits attached to this License are incorporated as if fully set forth herein. 23. If any provision of this License is deemed invalid or unenforceable, the validity and enforceability of all other provisions hereof shall not be affected thereby. 24. This License shall be governed under the laws of the State of Colorado, excluding Colorado's conflicts of law principals or statutes, and venue shall be proper in the federal or state courts of the State of Colorado for any action arising under the terms of this License or performance of it. Page 6 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this License as of the last date of execution set forth below: Licensor: Great Western Railway of Colorado, LLC Licensee: Switchback Drilling, LLC By: I DocuSigned by: By: DocuSigned by: Name: John Spi egl eman Name: Gu 6"Musstafa4 s.E. son Title: CLO and GC Title: Managing Member Date: 26 April 2021 Date: 26 April 2021 Page 7 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1 A-BCE6-BAB720882858 Agreement No. 409368 Exhibit A 409368 APPLICATION PROCESS & INSTRUCTIONS Telephone (303) 398-0400, Fax (866) 351-9503 ❑ Check the box if this is a RUSH? If so include a $1,500.00 check in addition to the application fee. RIGHT OF ENTRY LICENSE APPLICATION Non -Environmental Return the completed application along with a non-refundable fee in the amount of $3,500 USD ($4,375 CAD) and a print or sketch of the proposed licensed premises with dimensions, coordinates and directions. Also, depict any planned or existing improvements on the licensed premises and include the distance from the nearest track. (Be sure to list the check number(s) at the bottom of the coversheet AND application). Make check(s) payable to: OmniTRAX Inc. C/OAR Real Estate Department 252 Clayton Street Denver, CO 80206 (As information, future payments will also be sent to the address listed above.) If the submitted application and/or plans require review by an environmental (HAZMAT) or other outside consultant, it will solely be at the applicant's expense and in addition to the aforementioned fees. INCOMPLETE applications will result in processing delays and applications without the required fees will not be processed. If you are a Canadian business or resident, this fee Is a taxable supply. Include the applicable GST. REQUESTS FOR RUSH SERVICE: Once a COMPLETE application and required fees are received, including the rush fee of $1,500 USD ($1,875 CAD), a draft Right of Entry Agreement will be made available for review within fourteen (14) business days. Please be sure to mark the box above. Once an executable Right of Entry Agreement is presented to you, the agreement must be fully negotiated and executed within thirty (30) days. Thereafter, the application and materials will be archived and resubmission (including fees) will be required. A Right of Entry is to access property for up to thirty (30) days. Beyond thirty (30) days, you will be responsible for an additional fee of $3,500 ($4,375 CAD). You also have the option to purchase a six (6) month Right of Entry for 20 000 ($25,000 CAD). PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY: /?1t) EASY Page 8 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1 A-BCE6-BAB720882858 Agreement No. 409368 Exhibit A RIGHT OF ENTRY APPLICATION - NON -ENVIRONMENTAL Complete Legal Name of Applicant: 7[ �. c.\'. �IXcy Dri 1l ('^s LL . Agreement to be In the name of (if different from above): Type of Applicant (please mark one): Corporation — LLC ✓Individual _ Municipality _ Partnership _ (General _ Limited _ ) Other ee If applicable, state/province of incorporation or organization: Federal Tax Identification number (U.S. Leases): ��f / Mailing Address: 7IIO MAST /// /////////111 L , �� oucfaJ 9≤7 Billing Name, Address (No PO Box), Email, and Phone Number (REQUIRED): Overnight Delivery Service Address: Contact Person: %%a Title:__ Phone No.: f) ft /r4. Fax No.: ( I Email: Time period of your project and use of the Railroad's property? REQUIRED INDICATE DATE RANGE (30 DAY MAX): from /.So) ( to /S 2) When do you need to receive this agreement from the Railroad? ?59 (Please allow 30-45 days for processing of this request) 3) Will there by an activity, material, vehicles or equipment within 50 feet of a railroad track in connection with your project? YE if Railroad protective liability insurance will be required) Within 25 feet YES f9(If'YES ', a Railroad Flagman will be required at your sole cost.) 4) Will there be any excavation involved? YES/ l(Xlf'YES, include shoring plans) 5) Site Location (City, County& State): /9 4oi/7j & _ a Sf eel" W (Je1t Latitude: Railroad: : Railroad Site Location Information: (Railroad Mile Post, Subdivision, or any other pertinent location information) applcodons - omnrtrax right of entry- non -environmental 1 of 2 Page 9 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 Exhibit A RIGHT OF ENTRY APPLICATION — NON -ENVIRONMENTAL 7) Purpose of your request: (This must be detailed and complete; attach engineering plans, shoring plans, if applicable, and details to support) If you nee addltlonaI room, please attach paper to this f rm. Nc�innc\( /l�lerti q �' t?nALt1 a d' ODP c O �d Date: bL-)1 I e2(1 Check It's sent: 59 81 d Signature: 0741 Name Printed: "A.?I- f( ks� Title:______________________ Phone No.: QV? /1 SG BE SURE TO RETURN THE COVER SHEET WITH YOUR APPLICATION applications - 0mnitrax right of entry - non -environmental 20!2 Page 10 of 11 RE_Right of Entry V1R9, Aug 2019 DocuSign Envelope ID: 510D32C6-28A9-4D1A-BCE6-BAB720882858 Agreement No. 409368 Exhibit B tali iu� ! k L E I ada Page 11 of 11 RE_Right of Entry V1R9, Aug 2019 Hello