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��� <br /> l�Jl� ������ 1�1 �� �J � ��� ��� � <br /> ----- . _ ___ -- ___ _ . ------------- _____��_.._�— — <br />- - ------ ----_ ___ ___ _. <br /> � fNEAUGUSTiNECO-7GOG � _ _-__- - - <br /> ._.--.__.'._""___-'__.._."_�_..___......___ .__.... _.__......____._..�._.._..-_.f--___.-.^�_�.� -- - - ' <br /> ;': manner, impair, the safety or other property. <br /> I; <br /> i. <br /> ' :3eetion 6. RESTORATION OF RAILROAD CO�dPANY'S PR4PERTY. '� <br /> �� <br /> iP <br /> ! In the event the Licensee shall take down any fenee of the Railroad Company or, in any ma.nner, ;i <br /> i <br /> ` move or disturb any other property af the Railroad Company in conflection with the eonatruction, � <br /> �� <br /> �! maintena.nce, repair, renewal, modification, reconstruction relocation or removal of the Pipe Line{� <br /> ,; i� <br /> � then, and in that event, the Licensee shall, as soon as pvssible and at the sole expHnse of the �� <br /> ' Licens�e, -restore such fence and/or such other property to the same condition as it was in before�� <br /> ;� <br /> �i such fence was taken down or such other pro��er�y was moved or disturbed, and the Licenaee shall ;; <br /> �, <br /> i indemniPy and save harmless the Ra.ilroad Gompan�r from and against any �nd all liab�lit�, loss, �� <br /> 1i <br /> ; damages, claims, demands, costs and expenses oP whatsoeeer nature, including court costs and �! <br /> ,� <br /> �i <br /> ; attorneys ' fees, �rhich may result f'rom in,�ury to or death of peraons who�soever, or damage to or �; <br /> ;, <br /> i. <br /> '' loss or destruction of property whatgoever, when such in,�ury, death, damage, lvss or destruetion ;� <br /> � <br /> '' grov�s out of or arises Prom the taking down of any fenee or the moving or disturbing of any other!' <br /> ;j <br /> ,� property of the Ra.ilroad Company. - � <br /> `! <br /> �� �� <br /> `; Section 7. DISPOSAL OF PROPERTY. '� <br /> �; <br /> �� In the event the Railroad Company shall dispose of any of its property upon which the Pipe Line �� <br /> a <br /> � <br /> ; is located, as herein provided, the license or permit herein granted, with respeet to the portionj! <br /> �I <br /> ! of the Pipe Line located upon the property ao disposed of, ahall �orthwith cease and determine. ;; <br /> �� <br /> ' jl <br />' ,� sectio�, �. LIABILTTY. ; <br /> i4 <br /> I The Licensee shall indemnify and hold harmless the Railroad Company from and against any and all ;� <br /> i <br /> �� liability, lass, damage, claims, demand�, costs and expenses of whatsoever nature, including cour��t <br /> � {l <br /> '; costs and attorneys � fees, w:sich may result Prom in,�ury to or death of persons whomsoever, or "� <br /> i <br /> ! damage to or loss or destruction of property whatsoever ( including damage to the roadbed, tracks,'� <br /> f'� equi pment or other property oP the Railroad Company or property in its care or custody) , when ;� <br /> ii <br /> ! such in�ury, death, losa, destrizetion or damage growa out of or a,rises from the bursting of' or ;� <br /> � <br /> ;� leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the i� <br /> i '� <br /> 'I existence of the Pipe Line or the construction, operation, maintenance, repair, rene�al,modificat��ion, <br /> ;; <br /> ;i reconstruction, relocation or removal oP the Pipe Line or any part thereof, or to the contents ;E <br /> ,, �l <br /> ;; therein or therefrom. And the Licensee does hereby re].ease the Railroad Company from aIl liabili��ty <br /> ,; <br /> ;I f'or dama�;es on account of in,�ury to the Pipe Line from any cause whatsoever. iI <br /> ,� <br /> !; Section 9. TERMINATION ON A�3ANDON�ENT OR DEFAULT. - - ;; <br /> � �� <br /> '+i Di$use of the Pipe Line continuing, at any time, for a period of one ye�r shall constitute an �� <br /> i, <br /> ; abandonment thereoP, and, in the event of such an abandonment, the Railroad Company may, at its ';� <br /> �; <br /> �� <br /> ; option, terminate this agreement. '� <br /> �', <br /> :; <br /> � If the Licensee sha�.l fail to keep and perfor�m all or any of the eovenants and agreemeflts hereiz� ;� <br /> '' contained to be by it kept and performed, and sueh default sh�.11 continue for a period of thirty �; <br /> ; <br /> '!' days after written notice from the Railroad Company to the Licensee speciP�ring sueh def�,ult, ther� <br /> i� <br /> i the Railroad Company may, at its option, forthwith termin�,te this agreement. �, <br /> i �eetion 10. REMOVAE� OF PIPE LINE UPON TERI��INATIOAT OF AGR�EMENT. �` <br /> il <br /> , <br /> :; Within ninety days after the termination of this agreement ho�usoever, the Liceneee shall, at the �� <br /> �' �, <br /> � sole expense of the Licensee, remove '�he Pipe Line from said right oP way and restore, to the ;; <br /> �, <br /> ' satisfaction of the Railroad Company, said right of way and the roadbed oP said track or tracks i± <br /> � to as good condition as they were in at the time of the construc�ion of the Pipe Line; and if th� <br /> ;, <br /> !i Licensee faile so to da, the RaiZroad Company may do such work of removal and restoration at the �� <br /> ';� expense of the Licensee. In the event of the removal of the Pipe Line as in this section provid�;d, , <br /> ;; f, <br /> '; the Railroad Company sha11, in no manner, be liable to the Licensee Por any damage sustained by j; <br /> �, <br /> �; the Licensee for or on account o� such removal, and such removal shall, in no manner, pre�udice �; <br /> i� <br /> ',: or impair any right of action for damage, or otherwise, that the Railroad Company may have again�t <br /> � <br /> i� II <br /> ` �i <br /> ,, �� � <br /> t I, <br /> �_ _ _ ___ __ li <br />