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<br /> I�JL� ���J��� l�l �� �.J � ��'V ��� Jl
<br /> 17604—The Augusttne Co., County Suppliea, Grand Island, Nebr. �
<br /> respect to the portion of the Pipe Line located upon tne property so disposed oP, shall
<br /> forth��ith cease and determine,
<br /> Section 10. LIABILITY.
<br /> The Licensee shall indemnify and hold harmless the R�ilroad Company from a.nd against
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<br /> any and all liability, loss, damage, claims, demands, costs a.nd expenses of whatsoever na�ure,'
<br /> including court costs and attorneyst fees, which ma.y result trom in�ury to or death of
<br /> persons whomsoever, or dama�e to or loss or des�°°truetion oY property whatsoever (including
<br /> damage, to the roadbed, traeks, equipment or other property of the Ra.ilroad Company or prope�ty
<br /> her such in ur death loss destruction or damage grows out �
<br /> in its care or custody) vahet ,� Y, > >
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<br /> oP or arises from the laursting of or leaks in the Pipe Line or the explosion or ignition '
<br /> of gas or oil carried therein or escaping therefrom, or in any other way whatsoever is
<br /> due to, or arises because of, the existence of the Pipe Line or the operatlon, constructian,
<br /> maintenance, re�air, renewal, modification, reconstruction, revision, relocation or remov�l
<br /> of the Pipe Line or any part thereof, or t�e contents therein or therefrom. And the Licerisee
<br /> does hereby relFase the Railroad Company from all liability for damages ort account of in- '�
<br /> ,�ury to the Pipe Line from any cause whatsoevQr.
<br /> Section 11. TEr�MINATION OF ABANDONMENT OR DEFAULT.
<br /> Disuse of the Pip:Q Line continuing, at any time, for a period oP one yea.r shall con-
<br /> stitute an abandonment thereof, and in the event of such an abandonment the 1�ailroad �om-
<br /> pan�r ma.y, at its or�tion, terminate th3s agreement.
<br /> If the Licensee shall fail to keep and perPorm all or any of the covenants and agree-
<br /> ments herein contained to be by it kept and perPormed, or' if the Licensee shall fail to ;
<br /> make any of the payments which it is o�ligated to make hereunder, and such default shall
<br /> continue for a period of thirty days after written notice from the Railroad Company to the
<br /> Licensee svecifying such dePault, then the Railroad Company may, at its option, forth�rith
<br /> termina:te this agreement.
<br /> �ection 12. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
<br /> Within ninety days after the termination of this agreement howsoever, the Licensee
<br /> shall, at its sole exnense,remove the Pipe Line from those �ortions of said right oP way
<br /> not occupi�d by the roadbed and track or tracks of the Railroad Company and shall restore,i `
<br /> to the satisfaction of the Railroad Company, said portions of said right of way to as good
<br /> condition as they were in at the time of the construction of the Pipe Line; and if the
<br /> Licensee fails so to do, the Ra.ilroad Company may do such work oP removal and restoration
<br /> at the expense of the Licensee. The Ra.ilroad Company may, at its option, upon such term-
<br /> ination, at the expense of the Licensee, remove the portions oP the Pipe Line located
<br /> undern�at�i caid roadbed and track or tracks and restore said roadbed to as good condition
<br /> as it was in at the time of the construction of the 1'ipe Line, or it may permit the Licen-
<br /> see to do such work of removal �,nd restoration under the supervision of the Railroad Com-
<br /> pany. In the event of the removal of the 1'iz�e Line as in this section provided, the Rail-
<br /> road Company sha.11 in no manner be liable to the Licensee for any damage sustained by the
<br /> Licensee for or on account of such remov�l, and such removal shall in no manner pre,judice.
<br /> or imp�ir any right of action for damages, or otherwise, th�.t the Railroad Company may have
<br /> against the Licenaee.
<br /> Nothing in this section contained sh�ll obligate the Llcensee to remove the Pipe Line `
<br /> becau�e of termination oP this �.icense with respect to same under the provisions of �ection
<br /> 9 hereof in cases where the Licensee shall h�ve m�.de arrangements Por tne continuation of
<br /> the Pi�e Line *�rith the grantee or grantees of the Railroad Company.
<br /> Section 13. WAIVER OF BREACH. :
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