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<br /> �� SC]E�LILA�T���7S �]E� ��� �
<br /> f 'tHEAUGUBTINECO.-�IGOG '-' -_ "-----_--. ��--' 'f�=--.. ! - -
<br /> :� Company to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad �
<br /> �Itracks, telegraph, telephone, signal or other pole and wire lines , pipe lines and othEr Pacilitie
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<br /> : upon, along or across any or all parts of said right of way, all or any of which may be freely !
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<br /> �! done at any time or times by the Railroad Company without liability to the Lieensee or to any i
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<br /> ',� other party for eompensation or damages. �
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<br /> ;; The foregoing grant is alao sub�ec�G to all outstanding superior rights (inc�uding those in Pavor j
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<br /> : of telegraph and telephone companies, lesseee of said right oP way, and others) and the righ'G of ,I
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<br /> the Railr��d Company to renew and extend the same. i
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<br /> ; �leetion 2. CONSTRUCTION AND MAINTENANCE. �
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<br /> !� The Pipe Line shall be constructed, maintained, repaired, renewed, modified and/�r recon$tructed j
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<br /> ',' by and at the expense of the Lieensee and all work on said right of �ray in connection therewith ;i
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<br /> ' shall be done under the supervision and to the satisfaction of the RailrQa,d Company. All expense �
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<br /> '; incurred by the Railroad Company in conneetion with said work Por supervision or inspeetion, or i�
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<br /> �' otherwise shal.l be borne by the Licensee. �
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<br /> ;; The portion or portions of the Pipe Line located, or to be located, underneath �aid track or trac a
<br /> ;� shall consist of wrot iron or steel pipe, placed at a depth of not less than three feet below the �
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<br /> �� base of the rails of said track or tracka, and prior to the commeneement oP ar�q work in conneetio �
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<br /> iiwith such portion or portions of the Pipe Line (whether of construction, maintenance, repair, re- ��
<br /> �' newal, modification, relocation, reconstruction or removal) , the Licensee shall submit to the Ra.i�-
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<br /> �' road Company plans setting out the method and manner of handling the work and �hall not proceed j
<br /> ;� ,�;; with the work until such plans shall have been approved by the Chief �ngineer oP the Railroad �
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<br /> �I' Company and then only under the supervision of said Chie� Engineer or hi� representative. The i�
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<br /> " Railroad Company shall have the right, iP it so elects, to provide such support as it may deem !
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<br /> :! necessary for the safety of its track or tracks during the time such work is being done, and, in j�
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<br /> the event the Railroad Company provides such support, the Licensee shall pay to the Railroad Com- ;
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<br /> ;'; pany, within fifteen days after bills shall have been rendered therefor, all expense incurred by �
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<br /> ' the Railroad Company in conneetion therewith, which said expense ehall include all assignable ;
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<br /> ,'' costs plus ten per cent (10�) to cover elements of expense not capable of exact ascertainment. �
<br /> ;` The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the i
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<br /> � � grade even with the ad�acent surPace of the ground. I
<br /> ; section 3. N�TICE OF CONIMENCEMENT OF WORK.
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<br /> ; The Licensee shall notiPy the Railroad Company at least forty-eight hours in advance oP the com- �
<br /> �;; mencement of any work on said r3ght of w�y in connection with the construction, maintenance, re- �!
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<br /> ; pair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. i
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<br /> 3ection 4. , MODIFICATION OR RELOCATION OF PIPE LINE. i
<br /> ? The Licens�e shall, at the sole expense oP the Licensee, make any and all modifications or ehangel
<br /> in the Pipe Line or move all or any part thereof to such new location as rnay be required by the
<br /> ;; Ra.ilroad Company, at. any time, in connection with the construction, maintenance, repair, renewal, ;
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<br /> ; use, operation, ehange, modification or relocation oP railroad tracks, telegraph, �elephone, �
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<br /> isignal or other pole and wire lines, pipe lines and other facilities oP the Railroad Comp�ny upofl
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<br /> I said right o� �vay.
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<br /> �' All the terms, conditions and stipulations herein expressed with reference to the Pipe Line on �
<br /> i' said right of way in the location hereinbefore deseribed shall apply to the Pipe Line as modi�ied�
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<br /> i' changed or relocated within the contemplation of this section. '
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<br /> ' �ection 5. NO INTERFERENCE WITH RAILROAD OPERATIONS.
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<br /> ; The Pipe Line shall be constructed, maintained, repaired, renewed, operated, used, modified, �
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<br /> ; reconstructed, relo�cated and/or re�oved in such manner as to cause no interPerence whatsoever �
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<br /> �iwith the consta.nt, continuous and uninterrupted use of the tracks and other property of the Rail- �
<br /> i` road Cornpany, and nothing shall be done or suffered to be done by the Licensee that would, in any ,
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