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1vIISCELI�AN�OUS �.ECORD �
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<br /> 29058-TN[Atl00{TINfiCO.YR�NDIfL11ND,N!!R, h �� . � . ., �
<br /> The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted
<br /> and the g�ade even with the ad,�acent surface of the ground. 2.
<br /> Section 3. NOTICE OF COM24ENC�MENT OF WORK.
<br /> The Lieensee shall notify the �a.ilroad Company at least Porty-eight houra in advance
<br /> of the commencement of any work an said ri�ht of way in connection with the construetion,
<br /> mainten n
<br /> a ee, repair, renewal, modification, reconstruction, relocation or removal oP the
<br /> Pipe Line.
<br /> Section 4. MODIFICATION OR RELOCATION OF PIPE LINE.
<br /> The Licensee shall, at th2 sole ex�ense of the Licensee, make any and all modifications or
<br /> changes in the Pipe Line or move all or any part thereof to such ne�r location as may be
<br /> required by the Railroad Company, at any ti�he, iM connection with the construction, maintenance,
<br /> repair, renewal, use, operation, cl�ange, modification or relocat�:on oP r�,i:iroad traeks,
<br /> telegraph, telephone, signal or other pole axid wire lines, pipe lines and other facilities
<br /> oP the Railroad Company upon said right of way.
<br /> All the terms,' conditions and stipulations herein exvressed with reference to the Pipe
<br /> line on said right of way in the location hereinbePore described sha.11 apply to the Pipe Line
<br /> as modified, cY�anged or relocated within the contemplation of this section.
<br /> Seetion 5. NO INTERFERENCE WIZH RAILROAD OPERATIONS.
<br /> The Pipe L3,ne shall be constructed, maintained, repaired, renewed, operated, used,
<br /> modified, reconstructed, relocated and/or removed in such manner as to cause no interference
<br /> whatsoever with the eonstant, continuous and uninterrupted use of the tracks and other property
<br /> oP the Railroad Company, and nothing shall be done or suffered to be done by the Licensee
<br /> that would, in any manner, impair the safety of said tracks or other property.
<br /> 3ection 6. RESTORATION OF RAILROAD COMPANY' S PROPERTY.
<br /> In the et�ent the Licensee shall take down any fence of the Railroad Company or, in any
<br /> � manner, move or disturb any other property of the Railroad Company in connection with the
<br /> construction, main�enance, repair, renewal, modification, reconstruction, relocation or
<br /> removal of the Pipe Line, the�, �nd in that event, the Licensee shall, as soan as possible
<br /> and at the sole expense of the Licensee, res�ore such fence and/or such other property to
<br /> the same condition as it was in before such Pence wa.s taken dawn or such other property was
<br /> moved or disturbed, and tMe Licensee shall indemnify and save harmless the Ra.ilro�,d Company
<br /> from and against any and all Iiability, loss, dam�.ges, claims, demands, costs and ex�enses
<br /> oP wha,tsoever nature, inclucling ccurt costs and attorneys! fees, which may resuit Prom in�ury
<br /> to or death of persons whomsoever, or damage to or loss or destruction of property wha.tsoever,
<br /> when such in�jury, death, damage, loss or destruction grows out of or arises Prom the taking
<br /> down of any fence or the moving or disturbing of any other property of the Railroad Company. 3.
<br /> Section 7. DISPOSAL OF PROPERTY.
<br /> In the event the Railroad Company shall dispose oY any oP its property upon which the
<br /> Pipe Line is located, as herein provided, the license or permit herein granted, with respect
<br /> �o the portion of the Pipe Line located upon the pro�erty so disposed of, shall forthwith
<br /> ceaae and determine.
<br /> Section �. LIABILITY.
<br /> The Licensee shall indemniPy and hold harmless the Ra.11road Company from and against any
<br /> and all li�.bility, loss, damage, claims, demands, costs and ex�enses oP whatsoever nature,
<br /> including court costs and attorneys ' fees, tahich may result from in�ury to or death of
<br /> persons whomsoe�er, or damage to or loas or destruction of property whatsoever (including
<br /> damage to the roadbed, tracks, ea,uipment or other property of the Ra.ilroad Company or
<br /> property in its care or custody) , when such in�ury, death, loss, destruction or damage grows
<br /> out of or arises �rom the bursting oP or leaks in the Pipe Line, or in any other way wha,tsoever
<br /> ia due to, or arisea '�ecause of, the existence of the Pipe Line or the construction, operation,
<br /> ma�ntenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe
<br /> Line or any p�rt thereof, or to the contents tY�Erein or therefrom. And the Licensee does
<br /> hereby release the Ra.ilroad Com�any from all liability for damages on account oP in�ury to the
<br /> Pipe Line from any cause whateoever.
<br /> Section 9. TERMINATI�N ON ABANDONMENT OR DEFAULT.
<br /> Disuse oP the Pipe Line continuing, at any ti�e, for �. period of one year shall constitute an
<br /> abandonment thereoP, and, ir} the event of such an abandonment, the Railroad Company may, at ita
<br /> option, terminate this agreement.
<br /> IP the Licensee shall fail to keep and perform all or any of the covenants and agreements
<br /> herein contained to be by it kept and performed, and such default shall continue for a period of
<br /> thirty days after written notice from the Ra.ilroad Company to the Licensee specifying such de-
<br /> fault, then the Railroad Company m�y, at its option, forth�aith terminate this agreement.
<br /> Section 10. REM�VAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
<br /> Within ninety days after the termination of this agreement howsoever, the Licensee �
<br /> shall, at the sole expense of the Licensee, remove the Pipe Line from said right of way
<br /> and restore, to the satiafaction of the Railroad Company, said right of way and the roadbed
<br /> of said track or traeks to aa good condition as they were in a,t the ti�e of the construction
<br /> oP the Pipe Line; and if the Licensee fails so to do, the Aailroad Company may do such work of
<br /> removal and restoration at the expense of the Lieensee. In the svent of the removal of the
<br /> Pipe Line as in this section provided, the Railroad Company shall, in no manner, be liable to
<br /> the Licensee for any damage sustained by the Licensee for or on account of such removal, and �
<br /> such removal shall, in no manner, pre�udiGe or impair any right of action f'or damage, or other-
<br /> wise, that the R�ilroad Company may have against the Licensee. �.
<br /> Nothing in this section conta�.ned shall obligate the Licensee to remove the Pipe Line.
<br /> because of termination of this license with res�ect to same under the nrovisiona of Section 7
<br /> hereof in cases �ahere the Licensee shall have made arran�ements Por the continuation oP the
<br /> Pipe Line with the grantee or grantees of the Railroad Company.
<br /> Section 11. WAIVER OF BREACH.
<br /> The waiver by the Railroad Company of the breach of any condition, covenant or
<br /> agreement herein contained to be kex�t, observed and performed by the Licensee shall 3n no
<br /> way impair the right of the Railroad Company to avail itself of any subsequent breach thereof.
<br /> 3ection 12. AGREEMENT NOT T0. BE ASSIGNED.
<br /> The Licensee shall not assign this agreement without the written conaent of the Ra.ilroad
<br /> Company.
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