a���
<br /> ������'����������� ��'����� �
<br /> ____ =�-�r�,n� c���►an�x�a:_: �===::_—__-_�-__ -
<br /> �
<br /> Ra,ilroad Company may do such work of removal and restoration at the e�cpenae of the bicensee,
<br /> IThe Railroad Company may, at its option, upon such termination, at the expense of the Licensee
<br /> ,,.
<br /> �! remove the portions of the Pipe Line located underneath said roadbed and track or tracks and
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<br /> 11 jrestore said roadbed to as good oondition as it was in at the time-.of the construction of the �
<br /> ;. Pipe Line, or it may permit the Licen�ee to do such work of removal and restora�ion under the
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<br /> jsupervision of the Railroad Company. In the event of the removal of the Pipe Line as in this
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<br /> �� section provided, the Raiiroad Companp shall in no manner be lia h1e to the Licenaee for ariy �
<br /> �� dama,ge sustain�d by the Licensee for or on account of such removal, and such removal shall in �
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<br /> ino manner prejudice or impair any right of action for daxnages, or otherwise, that the Ra,ilroal
<br /> `i Compan�Z may have against the Lioensee. ,
<br /> �,
<br /> �; Nothing in this eection contained �ha11 obligate the Liceneee to remove the Pipe Line becauae
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<br /> , of termination of this license with respect to same under the provisions oF Section 9 hereof i
<br /> lcases where the Licensee shall have made arrangements for the continuation of the Pipe Line ,�
<br /> ��
<br /> '� with the grantee or �rantees of the Railrc�ad Company. - �
<br /> �; Section 13. 1�AIVER OF BREAC�H. _ _
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<br /> � The waiver by the Ra,ilroad Oompany of the breach of any condition, covenant or agreement herei
<br /> t; _
<br /> 'i contained to be kept, observed and performed by the I,icensee shall in no way impair the right �pf
<br /> � ��
<br /> '; �he �a.ilroad CSompany to avail itself of any subsequent breach thereof. � j
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<br /> �+ Section 14. AGREEMENT NOT TO BE A3SIGAIED. - i
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<br /> I; The Licensee shall not sublet, in whole or in part, the rights hereby granted arid ehall no� �
<br /> �is.ssign th�e agreement w3thout the written consent of the Railroad Oompany, and it ie a,greed
<br /> �; that any transfer or assignment or attempted transfer or �.saignment of this a.greement or any ;
<br /> � of the rights hereby granted,whether vo2untary,by operation, of law, or otherwfse, �rithout sual��
<br /> I; consent in writing, shall be absolutely void and, at the option of the Railroad Company,ehall I�
<br /> i :
<br />� �� terminate this a,greement. �
<br /> �
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<br /> ! Section 15. EFF�CTIVE DAT� - TERM.
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<br /> �� This agreement shall take effect as of the seventeenth day of July 193� and ehall continue in i
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<br /> i� full force and effect until terminated as herein provided. i
<br /> $eetion 16. 3UCCESS0�9 AND ASSIGN9.
<br /> iSubject to the provisione of 9ection 1� hereof, thie agreement shall be binding upon and inure �
<br /> � to the benefit of the parties hereto, their reepecti�e suecessore �,nd assigns. �
<br /> �
<br /> IN I�ITNESS �PHEREOF, the paxties hereto have cauaed thie agreement to be executed in duplicate
<br /> i�
<br /> I� as of the date f irst herein wri�ten. - �
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<br /> �i �itrtess: UkJION PACIFIf7 AAILROAD COMPANY
<br /> ; � .
<br /> � F.J. Deleha�aty CORP By �.A.l�illiams
<br /> ' �SEAL� aeneral Man� er. i
<br /> �� �
<br /> �� Attest:
<br /> �I
<br /> ,I G.B.l�atthai �
<br /> � Assistan�. Secretary,UPRR Co. �
<br /> � NATURAL GAS DI9TRIHt7TII'�&i COMPANY � �
<br /> � CORP
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<br /> BEAL� By N.E.Shar
<br /> �� Witnesa: Pres dent
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<br /> {� L�dia 2d.0�D�17.
<br /> �� - - .
<br /> � At�est;
<br /> C.P.Craft
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<br /> �� �ecretary AT.G.D.Go.
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<br /> � APPROYED _ Approved ae to form: i
<br /> G.J.Adamson Johm A.Bennewitz !
<br /> I� Chief �ngineer Approved as to eaeoution ��
<br /> ! Jahn A.Benne�itz '
<br /> � General Attorne
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