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<br /> 17604—The Augustine Co., County 8uppliea, Grand Island, Nebr.
<br /> beccmin�; a char�e or lien upon said_ r:l�ht of way, or any otner pronerty of the Railroad
<br /> Company, ar�c� so ��iat t�ie ta.xes, cha.rges and assessments levied u�on or in res��ect to said
<br /> ri�ht of Ttiray and other property of tne Railroad Company sn.all not be increased because
<br /> of tne locatic�n, construction or maintenance of the Pipe Line or a.ny improvement, applia.nce
<br /> or fixture connected there�ritn placed upon said rignt cf �aay, or on a.ecount of the Licensee ' s
<br /> interest therein. Where such tux, cnarge or assessment may not be se�arately made or assessed
<br /> to the Licensee but`. sn�il be included ir. the a.ssessment of tne right of way or other prop-
<br /> erty of tne Railrcad uompany, tr:�en tne Licensee sha11 p�y to the Railroad ComUany an equit-
<br /> able bro�orticn of' such taxeG determined by the �ralue of the Licensee ' s property upon said
<br /> right o� ti�ray as comp��red with t'r.e entire value of said rignt of way.
<br /> Section �. R�STORATION OF RaII�ROAD COMPANY' S Pi=:OPFRTY.
<br /> In the event the Licensee snall. ta.ke doti�rn Pny fence of the Railroad Company or in any
<br /> ma.nner mo-�e or disturb any of tiie ot:ner pro��erty of' the Railroad Company in connection with
<br /> the construe�ion, maintenanc?, repair, reneT�ral or reconstruction oi tne Pipe Line, then and
<br /> in tnat event the Licensee sr�all, as soon as possible and at its sole expense, restore
<br /> such fence and/er such otner brop.er�y to tne same condition as it was in before such fence
<br /> was ta.ken dotan or such other property tras moved or clisturbed, a.nd tne Licensee shall in- ,
<br /> demnif y and save harmless tne Railroa.d Company from and against any and all liability,
<br /> 1oss, damages, cla.ims, demands, costs and expenses of wha�soever nature, including court
<br /> costs �,nd a.ttorneys ' f ees, which may result from in,jury to or death of z�ersons whomsoever,
<br /> or dama.ge to or loss or destruction of prot� rty whatsoever, when such in,�ur�T, death,
<br /> dama�e, loss or destruction grows out of or arises from the taking down of ar�y fence or
<br /> the moving or disturbance of any of the other �roperty of tne Ra.ilroad Company.
<br /> Section ;�. DISPOSAL OF PROPERTY.
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<br /> I the vent th Railroaa Com an shall dis ose of an of its nro�ert upon which
<br /> n e e p y p Y . . Y _
<br /> trle Pipe Line is located, as nerein :�rovided, t�le 1.icerise or permit her. ein �ranted, Tr!ith
<br /> respect to the t�or�ion ot' the P1pP Line located upon tne pro��erty so disposed of, sha.11
<br /> fortn�aith cease and determine�
<br /> Section 10. LIABILITY.
<br /> '1'he Licensee sha..11 iridemnify �na nold harmless the Railroad Company from ana a�,�ainst
<br /> any and all liability, loss, dama�e, claims, dem�.nds, costs a�d expenses of whatsoever
<br /> na.ture, including court costs a.r.n_ attorneys � fees, c,rnich may result from injury to or
<br /> dea.th of persons whomsoever, or dama�;e to or loss or destruction of property wha�:soever
<br /> ( incluciing dama�e to tl��e roadbed, tracks, eauipment or other pr. operty of tne Ra.�lroad
<br /> Compa.ny or r�roperty in its care or cust�ody) , wnether such in jury, deatrl, loss, desl�ruc-
<br /> tion or damage g.rottiTs out of or arises from trie bursting of or leaks in the Pipe Lii�:e or
<br /> tne exr>losion or ignition of gas or oil carried tnerein or esca.ping therefrom, or in any
<br /> other way T,�hatsoever is due to, or arises because oi, tne existence of the Pipe Line or
<br /> thp oper��tion, construction, maintenance, repair, renewal, modification, reconstruction,
<br /> revision, relocation or removal of tiie Pipe Line or any part thereof, or to tne contents
<br /> t�ierein or tnerefrom. And the Licensee does hereby release t'rle Railroa.d Company from all
<br /> liapility for damages on account of in,jury to tne Pipe Lir.e from any c�use whatsoever.
<br /> �ection 11. TERP�ISNALION OF ABANI�OPdMF..i�1T On DEFAULi�.
<br /> Disuse of' the Pipe Line continui���, at �ny ti me, for a. period of one ye��r sn�ll con-
<br /> stitute an abandonment i,hereof, ��r.� in the event of' such an abandonment the Railroad
<br /> Company ma.y, at its o��tion, termina�e this a,�reement.
<br /> If' the Licensee snall fa.il to �eep ana perfor•m all or any of the co�renants �,nci aoree-
<br /> ments herein contained to be �by it ke�t and t�erformed, or if the Licensee shall fail to .
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