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e�� � <br /> ����������!�������� ��'����� � <br /> _ z __! <br /> � <br /> Section �. REBTORAT�ON OF RAiLRAOD COMPANY�3 PROPERTY. _ , <br /> In the event the Licensee shall take down any fence of the Railroad Company or in anq manner <br /> move or disturb any of the other property of the Railroad Company in connection with the con- <br /> struction, maintenance, repair, renewal or reconstruction of the Pipe Line, then and in that <br /> event the Licensee shall, as soon as possi ble and at its sole expense,restore such fence and/o <br /> such other property to the same condition as it was in befare such fence was taken down or <br /> y <br /> such other propertq wae moved or dieturbed, and the Lic�rrsee ehall indemnifq and sa�e harmless <br /> the Railroacl Company �'rom and against any and all liability,loss,damages;claims,demande,costs <br /> and expenees of whatsoever na,�ure,includin� court costs and attorneps' fees,which may result ( <br /> from injury ta or death of persons �chomsoever,or damage to or loss or deatruction of property <br /> � v�hatsoever,when �uch injury,death,dam�,e,loss or destruction �rov�s out of or arises from the <br /> taking down of anp fence or the moving or dieturbance of any of the other property of the <br /> Railroa.d Company. <br /> Section 9. DISPOSAL OF PROPERTY. . <br /> In the event the Aailroad Company ehall dispose of any of its property upon which the Pipe <br /> Line is located, as herein provided, the licenee or permit herein granted, with respect to th <br /> portion of the Pipe Line located upon the property so dispoeed of, shall forthwith cease and <br /> determine. . <br /> Bectian 10. LIABILTTY. - . � <br /> The Licenaee shall indemnify and hold harmless the Railroad Companq from and againet anp and <br /> all liability,loss damage,claims ,demands,costs and exp�nses of whataoever nature, including <br /> court costs and at�orneys� fees, which may result fxom injury to or death of persone Rhomeo- <br /> ever, or damage to or loss or destruction of property whatsoever (including damage to the roa <br /> bed,tracks,equipment or other property af the Railroad Company or property in its care or <br /> cuatody� , when such injury,death,loes,destruction or damage �rows out of or arises from the <br /> bursting of or leaks in the Fipe Line or the explosion or i�nition of gas or oil carried ther <br /> in or escaping therefrom, or in any other way whatsoever is due to, or arises because of, the <br /> existence of the Pipe Line or the operation,constxuction,maintenance,repair,renewal,modifica- <br /> tion,reconstruction,revision,relocat3.on or removal of the Pipe Line or- anp part thereof, or <br /> to the cantents therein or therefrom. And the Licensee does hereby release the Railroad Com- <br /> panq from all liabilitp for dama.�es on account of injurq to the Pipe Line from any cause wha.t <br /> .,. y <br /> soever, <br /> Section 11. TERMINATION O1� ABANDONMENT OR DEFAULT. _ <br /> Disuse of the Pipe Line continuing, at anq time, for a period of one year shall conetitute <br /> an abandonmen-t thereof, and in the event of such an abandonment the Ra,ilroad Companq.m�.y;� at ts <br /> option, terminate this a�reement. <br /> If the Licensee sha11 fail to keep and perform all or any of the covenants and a�reements her <br /> in contained to be by it kept and performed, or if the Licensee shall fail to ma,ke any of the <br /> paymenta which it is obligated to make hereunder, and such default sY�all continue for a perio <br /> of thirty days after written notice from the Railroad Company to the Licensee specifying euch <br /> default, then the Railroad Companq may, at its option, forthwith terminate this a�reement. <br /> 9ection 12. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREE9�.ENT. <br /> Within ninety daye after the termination of this a$reement the LicenBee sha.11, at ita sole <br /> eapense,remove the Pipe Line from those portions of said right of_ way not occupied by the <br /> road Co an and shall restore, to the satisfaction of <br /> roadbed and track or traeks of the Ra,il mp y <br /> the Railroad Company, eaid portions of said ri�ht of way to as good condition as theq were !n <br /> at the time of the construction of the pipe Line; and if the Licensee fails so to do, the <br />