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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 <br /> i <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 <br /> + <br /> jsupervision of the Railroad Company. In the event of the removal of the Pipe Line as in this <br /> , <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 � <br /> i+ <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 <br /> ,� <br /> 'i <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. _ _ <br /> � <br /> ' i <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 <br /> � <br /> �+ Section 14. AGREEMENT NOT TO BE A3SIGAIED. - i <br /> �+ <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 /> � <br /> i <br /> ! Section 15. EFF�CTIVE DAT� - TERM. <br /> I �� ; <br /> �� This agreement shall take effect as of the seventeenth day of July 193� and ehall continue in i <br /> � <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. - � <br /> .; <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 <br /> , <br /> BEAL� By N.E.Shar <br /> �� Witnesa: Pres dent <br /> ,I <br /> {� L�dia 2d.0�D�17. <br /> �� - - . <br /> � At�est; <br /> C.P.Craft <br /> �I <br /> �� �ecretary AT.G.D.Go. <br /> , i <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 <br /> 1 �i <br /> , <br /> �i � <br /> � <br /> Ii _ <br />