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<br />' 0'�, THEREFORE, it ie mutually agreed by and between the parties here�o as follows:
<br /> ection 1. RAILROAD COMPANY GRANTS RIGHT.
<br /> n consideration of the sum of five dollara .($5.00) to be paid to the Ra,ilroad Qompany annually
<br /> 'n advance by the Lice�see, and in further consideration of the conditions, covenant�. and agre
<br /> ents herein contained, to be by the Licensee kept, observed and performed, the Railroad Compan
<br /> ereby �ranta to the Liceneee the right to construct and thereafter,during the term hereof, to
<br /> aintain and operate the Pipe Line acroes sa3d right of way and underneath said tracks in the
<br /> ocatio�, described a$ followe:
<br /> xtending across eaid right of way and underneath s aid tracks along a line parallel to and 43.9
<br /> eet dietan� east (measured a.long the center line ot' the Railroad Company's southerly or east-
<br /> ound main traek) frpm �he west line of Section 19, Townsbip 10 North, Range 11 West of the 6th
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<br /> .M. ,as shown by yellow lines on t�ie print hereto attached, dated July 3, 1930, identif ied ae I
<br /> rwg. N.D. 237��-L,marked "Eahibit A" and hereby made a part hereof.
<br /> he foregoin� grant 3s subjeat and subordinate to the prior and continuing right anfl obligation
<br /> f the Railroad Oompany to use and maintain its entire railroad right of way in the perfor�ance
<br /> f its public duty as a common earrier, and is also sub�ect to the ri�ht and poAer of the Ra.il-
<br /> oad Oompanp to construct, maintain, repair, renew,uee,operate,change,modifq or relocate rail-
<br /> oad tracke,tele�raph,telephone,signal or other pole and wir�e lines, pipe lines and other facil
<br /> ties upon, along or across any or all parts of said right of wap, alI or any of which ma� be
<br /> reely done at any time or times by the Railroad Oompa.ny ieithout liabflity �o the L�censee or
<br /> o any other partp_for compensation or dama,�es.
<br /> e foregoing grant is also sub�ect to all outetanding superior ri�hts (including those ia favo
<br /> f telegreph and telephone compm.nies, lessees of eaid right of way, and other�) and the right
<br /> f renewa.le and extensions of the same.
<br /> ection 2. CONBTRUCTION, MAINT�NANCE AND OPEAATION. _
<br /> he Pipe Line shall be constructed, operated, maintained: repaired,reneRed and/or reeonstrueted
<br /> y the Lioensee in strict conformity with Union Paoific 9yetem Oommon 8tandard 8peoiiication
<br /> 029, a copy of which, marked "�6�chibit B" ,f e hereto a.ttached. _ -
<br /> he Licensee ehall keep and maintain the soil over the Pipe Line thoroughly oompacted and the
<br /> rade even �ith the ad�acent surface of the ground.
<br /> 11 work performed on said right of way in connection with the construction, maintenance,repair
<br /> I enewal or reconetructioa of the Pipe Line ehall be done under the supervi$ion of, and in a
<br /> er aatisfactory to, the Railroa.d Oompanq.
<br /> ior to the commencement of any �vork in conne�tipn with the conetruction, maintenance, repair,
<br /> ene�al or reconetruction of the Pipe Line where it passes underneath the roadbed and track or
<br /> racks of the Railroad Company, the Licensee sball eubmit to the Railraod Oompanq plans setting
<br /> I ut the method and manner of handling the work and shall not proceed with the w�ork until euch
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<br /> lans shall have beeA approved bq the Ohief �ineer of the Railr�ad Oompany and then only unde
<br /> he supervision of said Ohief En�ineer or his representative. The Railroad Oompany ehall hane
<br /> he ri�ht, if it �o elects, to provide such support as it may deem necessary for the eafety of
<br /> ' ts track or tracks during the time of construction, maintenance,repair,renewal or reconetructi n
<br /> f the Pipe Line, and in the event the Railroad Compa.ny provides such aupport the Licengee ehal
<br /> ay to the Railroad Company,within fifteen days after bills shall have been rendered thexefor,
<br /> 11 e�cpenee incurred by the Railroad Companq in conneation tk�ere�vith, which said eapense ahall
<br /> nelude all assignable costs plus ten per cent (10�►) to cover elements of eapense not eapable
<br /> f exa,ct ascertainment.
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