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<br /> �IS�J']S—STAT's JOl1RNAL COMPANY,LINCOLN,N6B �
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<br /> xHIB AGREEMENT, made and entered into this tw3e��y first day of Octobex,�93Q� l�y ar�c� bet�een
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<br /> ,THE 9T. J4SEPFI AND GRAND I3LAND RA.ILVYAY COM�ANY, a corporation of. the S�at�� Qf �ansas °and Ne- '
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<br /> 'braska, (hereinafter called pRailroad Company�' ) ,party of the first part, and 1!]EHRA3KA NATURAL
<br /> lGA3 COMPANY, a corporation of the 9tate of Nebra�ka, with ita principal place of bueine�s at
<br /> Lincoln, Nebraska, {hereinafter called "Licensee" ) ,paxty of the second part, WSTNE��ETH:
<br /> RECITALat
<br /> The Licensee desires to construct, maintain and opsrate a 6-inch gas pipe line (hereinafter
<br /> �ealled aPip� Line" ) acxoss the right of way and underneath the ma,in traet of the Ra.ilroad flom-
<br /> pany near C�rand I�land,Hall County, Nebraska, alon� a line parallel to and 15 feet distant
<br /> aouth of the north line of Section 29, Township 11 North, range 9 �est of the 6th P.�. , as
<br /> � ahown by yellow lines on the print hereto attached, da'�ed $eptember 5,1930, identified as Dw�;.
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<br /> ! St.J.2�91,marked "Exhibit A" a�id herebp made a part hereof.
<br /> � AGREEMENT:
<br /> �TO�' T�IEREFORE, it is mutually a,�r�ed by and between the parties hereto as follows;
<br /> ' 9ection 1, RAILROAD COMPANY GRANTS RIGHT.
<br /> In considex�.tion of the conditions, covena:�ts and agreements,��ained, to be bp the Licensee °
<br />' ( kept, observed and performed, the Railroad �ompany hereby �rants to th� Licensee the right to �
<br /> iconstruct and the�•eaf�er, during the term hereof , to maintain and operate the P3,p� Line across
<br /> ( i 10 tion or aid
<br /> said ri�ht of way a,�d underneath said main tracl� n the ca af ee .
<br /> �he fore oin rant is sub 'ect and subordinate to the prior and continuing right and obligatio
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<br /> �, of the Railroad Company to use and maintain its entire railroad right of way in the performanc
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<br /> � af its public duty as a common carrier, and is also subject to t}ae. ri�ht and po�ver of the Rail
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<br /> � raod (7ompany to construct , maintain,repair,renew,use,operate, chax�e,modify or reloe�te rail-
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<br /> iroad tracks, tele�raph, telephone , signal or other pole and wire lines, pipe lines and other
<br /> � f�.cilities upon, along or across any or all parts of said right of �ay, all or any of which �n
<br /> be -freely done at any time or times by t�e Railroad Company without liability to the Licensee �
<br /> � or to any other party f or compensation or damages. � �
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<br /> The foregoin� grant is also subject to all outstandin$ superior rights (including those in fa x
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<br /> of teleg'raph and telephone companies, lessees of said right of way, and others) and the ri�ht �
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<br /> of rene�als and extensians of the same.
<br /> Section 2. CONSTRUCTION,MAINTENANCE AND OPERATION.
<br /> The Pipe Line sha11 be construeted, operated, maintained, repaired: rene�ed andJor reconetruc d
<br /> � by the Licensee in strict conformity with Union Pacific 8ystem Oommon Standard 8peci.fication
<br /> I1029, a copy of which, marked "Exhibit Bu is hereto attached; SAVING AND �%CEPTI�TG that the
<br /> Licensee may, if it so elects, omit the gate valves epecified in para,�;raph 3 of said Specific
<br /> tion 1029. � . .
<br /> The Licensee shall keep and maintain the soil over the Pipe Line thorov�hly oompaoted and the
<br /> grade even with the adjacent surfaQe of the ground.
<br /> Prior to �he eommencement of any work in eonnection with_ the construction, maintenance, repai ,
<br /> renewal or reconstruction of the Pipe Line vahere it pa,sses underneath the roadbed and track o
<br /> tracks of the Railroad Company, the Licensee shall submit to the Railroa�d.i Qampanp p2ans aet-
<br /> ting out the method and manner of handling the waxk and shall not proceed with the work until
<br /> suah plans shall have been approved by the Ohief Engineer of the Railroad Company and then on
<br /> under the supervision of said Ohie� Engineer or his representative. The Railroad Company sha, 1 i
<br /> hane the ri�;ht , if it ao electe , to provide such support as it may deem necessary for the saf ty
<br /> I of ita txaek or tracks during the time of construction, maintenance, repair, renewal or recon
<br /> Istruction of the Pipe Line, and 3n the event the Railroad Company provides such support the
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