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<br /> � T�SB�-STAI'E JOURNAL COMPANY.LINCOLN,NEB� �..:��....�:-� . ._..- . ::.::�. ...--� _.._-:.:- ".�.�.. ��. �-�� ���.. .
<br /> tltie business comtemplated to be done on thesa,id tracks under this agreement ,for a contin-
<br /> � uous time of six ( 6) months ,then and in tha,t case the said Pacific Company sha11 have the
<br /> right ,after thirty ( 30) days� writ�en notice to tne said second party ,to take up the said
<br /> �rails „cross ties ,fastenings ,and otner rnaterials with wnich the said tra_cks are laid ,and ta
<br /> remove and use tnem at any other point on its railroad for any otner purpose ,without let
<br /> or nindra.nce or molestation on tn� part of the said second �arty;and this agreement shall ,
<br /> � at tne �xpiration of sai� thirty (30) days� �vrit �en notice ,beco�:ne null and void and of no
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<br /> � ei'fect ,a,s between the parties hereto.
<br /> ;I 7.It is further mutually agreed between the parties hereto tha,t after a period of five
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<br /> ; { j } years from the date of tnis contra.ct if for any reason the second party sha,ll find it
<br /> inecessary to discontinue or bandon the use of said tracks for a continuous period of si$
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<br /> � ( 6) months ,tnen and in tnat event if the pa.rty of the second part snould request the remov-
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<br /> E al frotn tneir property of the said tr�cks ,after thirty (3�) days written notice to the Pac-
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<br /> ific Company ,tne removal of said tracks shall be made or allowed to be made �by tne Pa:cific
<br /> j Company ,and tnis agreement shall at the expiration of said thirty (30) days written notice
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<br /> becovne null a:�d void and of no effect between the parties hereto.
<br /> g. It is furtner �►utually agreed that the said second party sha:ll have no recourse at Rec urse
<br /> at a�.
<br /> la,w or equity aga.inst tne said first party,when the said tr��.ck is taken up and the ma,terials
<br /> a.re moved away a.s pr�vided in tne preceding section.
<br /> 9. That said second party hereby further agrees to primptly loan or unload all cars tha.t m
<br /> be set on tiie said track by the said Pacific Company ,for loading or unloading on the part
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<br /> of tne said secand party; and the said second party here�by further agrees to pay pr�mptly of mage
<br /> to c rs.
<br /> in cash,for any or all da:nages that may be done to such cars while the same are on tne said
<br /> track ,except when suc:n damage is clearly proven to have been caused thr�u�h the negligence o
<br /> the said Pacific Company ,its agents or employes.
<br /> lO. It is furtner agreed and understood between tne parties hereto that the said second
<br /> Iparty sna,ll have n� ri�ht or autnority to sell. lease. convey or in any form assign to any otne
<br /> party ,the rignt to use the said tr=�.ck ,or to allow any railroad co:�pany otner tnan the said
<br /> Cont ol
<br /> I Pacific Company to make any physical connection therewitn witilout the consent of the said of
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<br /> first party in writing autnorizin� such an assi�n�nent or transfer or connection to be made.
<br /> ll.Tiie party of the second part hereby agrees to indeinnify and hold harmless the Pacific
<br /> , Co�npany from any and all clai�:ns or damages which may result from injury to_ persons or dam-
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<br /> �,ges to property due to the construction,maintenance or opera,tion of the tra.ck provided herei ,
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<br />� e a ' fi om an thereon.
<br /> � or due t o the o erat ion of loco;not ives or cars of th P ci e C y
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<br /> ;� T;�e party of the second pa.rt furtner agrees that the Pacific Company shall not be�liable �
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<br /> � f or damages caused by fire due to the operation of its locomotives or care over the track �
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<br /> � herein provided,and further agrees that it will not take out any insurance on any of its pro-
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<br /> � i� perty in tnis tticinity containing any provisions which will permit the insurance company ta
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<br /> '' make any clairn against the Pacific Company on account of any loss by fire it may be obli�ed t
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<br /> � pay to the said sec�nd party. ,;
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<br /> `' If the pasty of the second part finds it advisable to use horses or other anima,ls in the T ans-
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<br /> �� vicinity of the tr�tek herein provided,it hereby �,grees t�iat it will assume all damages which orta-
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<br /> ion.
<br /> �� may result from tne injury or killing of such animals by tne locmotives or cars of tne Pacifi
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<br /> g� Gompany on said tracks.
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<br /> I?. It is further expressly agreed as a part of the consideration of this contract that
<br /> �� during the term tnereaf ,said party of the sec�nd par� shall in and about the transpor�ation �
<br /> � of persons and property ,give preference to the �. rty of the fir�t part; and that �.11 freight
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