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<br /> �� ������l�l �� �.J � ��� ��� �
<br /> 17b04—The Auguatine Co., County 8uppliea, Grand Island, Nebr.
<br /> vision, inspection, flagging or otherwise snall be borne by the Li.censee.
<br /> Prior to tne commencement of any work in connection with said culvert (whetr�er of cons-
<br /> truction, maintenance, repair, renewal, modification, relocation, reconstruction or remova,l)
<br /> the Licensee shall submit to the Railroad Company plans setting out the method and manner of
<br /> handling t:ne work a.nd shall not proceed with the work until said plans shall have been
<br /> approved '�y the Chief Engineer of the Railroad company and then only under the supervision
<br /> of said Chief Engineer or his authorized representative. The Railroad �ompany shall have
<br /> the right, if it so elects, to �rovide such supx�ort as it may deem necessary for the safety
<br /> of its said main track during t"rle time such work is being done, and in the event the Ra.il-
<br /> road Com�any provides such support the Licensee shall pay to the R�ilroad Company, within
<br /> fifteen days after bills shall have been rendered therefor, all expe,nse incurred by the
<br /> Railroad Company in conne�tion therewith, which said expense shall include all assignable
<br /> costs plus ten per cent �10i�) to cover elements of expense not capable of exact ascertain-
<br /> ment.
<br /> Section 3. NOTICE OF COMP�ENCEMENT OF WORK.
<br /> The Licensee shall notify the Railroad Company at least forty-eight hours in advance
<br /> of the commencement of any work upon said right of way in connection with the construction,
<br /> maintenance, repair, renewal or reconstruction of the Ditch.
<br /> Section 4. MODIFICATION OR RELOCATION OF DITCH.
<br /> The Licensee shall, at his sole expense, make an�C and all modifications or changes in
<br /> the Ditch, or move a11 or any pa.rt thereof to such new location as may be required by the
<br /> Railroad Company a.t any time in connection- with the construction, maintenance, repair,
<br /> renewal, use, operation, change, modification or relocation of railrnad tracks, telegraph,
<br /> telephone, signal or other pole and wire lines, pipe lines and other facilities of the
<br /> Railroad Company upon said right of way.
<br /> All the terms, conditions and stipulations herein expressed with reference to the
<br /> construction, maintenance, repair and renewal of' the Ditch on said right of way in the
<br /> location hereinbefore described snall apply to the Ditch as modified, changed or relocated
<br /> within the contemplation of this section.
<br /> Section 5. CONTROL OF WATER IN DITCH.
<br /> The Licensee shall maintain waste weirs at points outside said right of way in such
<br /> locations and of such capacities as to control the flow of water in the Ditch to the end '
<br /> tha� no water ahall at any time be permitted to overflow from the Ditch onto the ad,jacent
<br /> right of way or premises of tne Railroad Company.
<br /> Section 6. NO INTERFERENCE WITH RAILROAD OPERATIOI�.
<br /> The Ditch shall be constructed and, at all times, maintained, repaired, renewed and
<br /> operated in such manner as to cause no interference whatsoever with the cons'Gant, con-
<br /> tinuous and uninterrupted use of tne tracks, property and premises of the Railroad Company,
<br /> and nothing shall be done or suffered to be done by the Licensee at any time that would
<br /> in any manner impair the safety thereof.
<br /> �ection 7. RESTORATION OF RAILROAD COMPANY' S PROPERTY.
<br /> In tne event the Licensee shall take down any fence of the Railroad �ompany or in any
<br /> manner move or disturb any of the other property of the Railroad �ompany in connection
<br /> with the constructian, maintenance, repair, renewal or reconstruction of the Ditch, then
<br /> and in that event the Licensee shall, as soon as possible and at his sole expense, restorE
<br /> such fence or other property to the same condition as it was in before such fence was
<br /> taken down or such other property was moved or dis�urbed, and the Licenaee shall indemni�y
<br /> and save harmless the Railroad Company from and against any and all liability, loss, damages, .
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