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<br /> �1 ����s�� l�l �� '�J � ��� ��� �
<br /> 17604—The Augusrine Co., County SuppHea, Grand Island, Nebr.
<br /> claims, demands, costs and expenses of' wha�soever n�ture including court costs and attor-
<br /> neys ' fees, t�rhich may result from in,jury to or de�.th of persons whomsoever, or dama.ge to .
<br /> or loss or des truction of property whatsoever, when such in,jury, death, damage, loss or �
<br /> destruction grows out of or arises from the taking down of any fence or the moving or disw
<br /> turbance of any of the other property of the Railroad Company.
<br /> Section �. DISPOSAL OF PROPERTY.
<br /> In the event the Railroad Company shall dispose of any of its property upon which the
<br /> Ditch is located, as herein provided, the license or permit herein granted, with respect
<br /> to the portion of the Ditch located upon the property so disposed of, shall forthwith cea�e
<br /> and determine.
<br /> Section 9. LIABILITY.
<br /> The Licensee shall indemnify and hold harmless the Ra.ilroad Company from and against
<br /> any a.nd all liability, 1oss, damage, claims, demands, costs and expenses of whatsoever
<br /> nature, including court costs and attorneys ' fees, which ma.y result from in,jury to or
<br /> death of persons whomsoever or damage to or loss or des��ue�i.�n 'of 'property whatsoever
<br /> ( including damage to tne roadbed, tracks, equ�pment or other property of the �llroad Com-
<br /> pany or property in its care or custody) , wnen such in,jury, death, loss, destruction or
<br /> damage is due to or arises bECause of the existence of the Ditch, or the construction,
<br /> use, mainten�nce, repair, renewal, modification, reconstruction, relocation or removal of
<br /> the Ditch or any part thereof, or to the contents therein or there#'rom. The Licensee
<br />' does hereby release the Railroad Company from all liability f'or damages on account of
<br /> in�jury to the Ditch from any cause whatsoever.
<br /> Section 10. TERMINATION ON AHANDONMENT OR DEFAULT.
<br /> Disuse of the Ditch continuing, at any time, for a period of one year sh all constitute .
<br /> an abandonment thereof, and in the event of such. an abandonment, th� Railroad Company
<br /> may, at its option, terminate this agreement.
<br /> Zf the Licensee shall fail to keep aizd perform all or any of the covenants and agree-
<br /> ments herein contained to be by it kept and performed, and such default shall continue
<br /> for a period of thirty days after written notic� from the Railroad �ompany to the License�e
<br /> specifying such default then the Railroad �ompany may, at its option, forthwith terminate
<br /> this agreement.
<br /> Seetion 11. REMOVAL OF DITCH ON TERMINATION OF AGREEMENT.
<br /> Within ninety da.ys after the termination of this agreement howsoever, the Licensee :
<br /> shall, at his sole expense, fill up �he Ditch �nd remove said culvert and restore said
<br />� right of way and the roadbed of said �main track to as good condition as they were in at
<br /> the time of the construction of the Ditch; and if the Licensee fails so to do the Ra.ilroad
<br /> Company may do such work of removal or restoration at the expense of the Licensee. In
<br /> the event of the removal of the Ditch as in this section provided, the Railroad Company
<br /> sh�ll in no ma.nner be liable to the Licensee f'or any damage sustained by the Licensee for,
<br /> or on account of such removal, and such removal .shall in no manner pre,judice or impair
<br /> any right of action for damage, or otherwise, tnat the Railroad �ompany may have against
<br /> the Licensee.
<br /> No�hing in this section contained shall obligate the Licensee to remove the Ditch
<br /> because of the termination of this license with respect to same under the provisions of
<br /> Section � hereof in cases where the Licensee shall h�,ve made arrangements for the eon�_:
<br /> tinua.tion of�ne Ditch with the grantee or grantees of the Ra.ilroa.d Company.
<br /> Section 12. WAIVER OF BREACH.
<br /> The waiver by the Railroad Company of the breach of any condition, covenant or agreemen�
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