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I s fi <br /> ���5 <br /> ���`�������t������'�1�� �������D� �.0 <br /> � <br /> expense, remove the Pipe Line from those portion� of eaid right of way not oecupied by the <br /> roadbed and track or tracka of the Railroad Company and shall restore; to thE satisfaction of <br /> the Railroad Company, said portions of said right of way to as good condition as they �vere in <br /> at the time of the construction of the Pipe Line; and if the Licensee fails so to do, the Rail <br /> road Company may do such �ork of removal and restoration at the expense of the Licensee. The <br /> Ra.ilroad Compa,ny may, at its option, upon such termination, at the expens�e of the Licensee rem ve <br /> the portions of the Pipe Line located underneath said roadbed and track or tracke and restore <br /> said roadbed to as �;ood condition �,s it was in at the time of the construction of the Pipe Lin , <br /> or it may permit the Liceneee to do such work of removal and restoration under the supervision <br /> of the Railroad Company. In the event of the removal of the Fipe Line as in this section pro- <br /> vided, the Railroad Company shall in no manner be liable to the Licensee Por any damage sustai ed <br /> by the Licensee for or on aecount of such removal, and such removal shall in no manner prejudi e <br /> or imp�.ir any right of action for dama.�es, or otherwise, that the Ra.1lr�a.d Company may have <br /> a,gainat the Licensee. _ <br /> Nothing in this aection _contained shall obliga�'e the Licensee to remove th� Pipe Line because <br /> of termination of this license with respect to same under the provisions of 8ection 9 hereof <br /> in cases where the Licensee shall have made arrangements for the continuation of the Pipe Line <br /> with the grantee or �rantees of the Railroad Oompany. <br /> Section 13. WAIVER OF BREACH. <br /> The waiver by the Ra3lroad Oompany of the breach of any condition,covenant or agreement herein <br /> conta,ined to be kep�, observed and performed by the Licensee shall in no way impair the ri�ht <br /> of the Railroad Company to avail itself of any subsequent breach thereof. <br /> Section 14. AGREE�iENT NOT TO BE ASSIGNED. <br /> The Liceneee shall not sublet , in whole or in par�, the righte hereby granted and shall not <br /> assign this agreement without the v�ritten consent of the Railroad Company, and it is a.greed <br /> that any tranafer or assignment or attempted tranefer or assignment of thie agreement or any <br /> of the ri�htshereby granted, whether volunt�,ry, by operation of law, or otherWise, without su <br /> consent�wiiting,shall,be absolutely void a.nd, at the o��ion of the Railroad Company, shall <br /> �erminate this agreement. <br /> Section 15. EFFECTIVE AATE - TER,M. <br /> Thie agreement shall take effect ae of the eighteenth day of 8�ptember , 1930, and shall con- <br /> tinue in fuli force and effect until texminated as herein provided. - <br /> 8ection I�. SUCCESS0�9 AND A3SIGN9. <br /> Subject to the provieions of 9ection 1.�+ hereof , this agreement shall be bindin� upon and inur <br /> to the benefit of the parties hereto , theix respectiW+e successors and assi�ns. <br /> IN WITNE�S WHEREOF, the parties hereto have caused this a.�xeement to be executed in duplicate <br /> as of the date first herein written. <br /> Witness: THE �T. J�SEPH AND GRAND ISLAND <br /> '�.J.Ya�er (CORP� RAILWAY COMPANY <br /> (BEAL By N.A.Nillia,ms <br /> General �a.nager. <br /> , <br /> Attest: `� � <br /> C.H.Matthai � � <br /> Assistant Secreatry,St.J.� G. I. <br /> AIEBRASKA NATURAL GA9 COI�PANY <br /> l�itness : By L.�.Fischer <br /> C.F.Denni� (COR�' Vice-Preaident <br /> (SEAL� <br /> Attest : <br /> D.H.Holm�s <br /> Secret�.ry,NNG Cd. <br /> Ap�roved as to form <br /> �,R.Roush <br /> Approved as to execution � APPH V D• <br /> Y�.R.Roush <br /> . e En�;ineer <br />