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<br /> I�IISCEL�I�ANEOUS RECORD V
<br /> 29086-THH11U6UlTINECO.GRAXDISLIIND.RltA. . � . , �� -� �
<br /> SPCtion 6. PIPE LINE NOT TO INTFRF�E �JIT?? OP�.ATIOid CF RAILROAD.
<br /> The Pi�e Line sha11 be constructed and, at all times, main�ained, repaired, renewed
<br /> and operated in such manner as to c�.use no interference whatsoever �ith the constant,
<br /> � continuous and uninterrupted use of the tra.cks, property and premises of the Railroad
<br /> Company, a,nd nothing sh�l1 be done or suffered to be done by the Licensee at any time that
<br /> would in any manner impair the s�fety thereof.
<br /> Seetion 7. CLAIMS A�.TD LIENS FOR LABOR AND r�fATERIAL-TAXES.
<br /> The Licensee shall fully pay for a,11 materials ,joined or affixed to and labor performed
<br /> upon said right of w�,y in connection t,rith the construction, mainten�,nce, repair, renewal or
<br /> reconstruction of the Pipe Line, �d shall not permit or suffer any mechanic' s or materialman 's
<br /> lien of a,ny kind or nature to be enforced against said right of way for any work done or
<br /> materials furriished thereon at the instance or request or on behalf of the Licensee; and 3
<br /> the Licensee shall indemnify and hold harmless the Railroad Company from and against any
<br /> and a11 liens, claims, demands, costs and expenses of whatsoever naturP in any tiaa;� con-
<br /> nected with or growing out of such work done, l�.bor perforr�ed, or rnaterials Purnished.
<br /> The Licensee shall promptly pay or discharge all t�xes, rates, cha.rges and assessments
<br /> levied upon, in respect to, or on account oP the Pipe Line, so as to prevent the same be-
<br /> comin� a charge or lien upon sa�.d ri�ht of way, or any other property of the Ra.ilroad Co:npany,
<br /> and so that the taxes, charges and assessMents levied upon or in respect to said right of
<br /> way and other property of the Railroad Comnany shall not be increased because of the lo-
<br /> eation, construction or rnaintenance of the Pipe Line or any im�rovement, appliance or fix-
<br /> ture connected therewith placed upon said right of way, or on account of the Licensee' s
<br /> interest therein. 1,�There such tax, charge or assessment may not be separately made or
<br /> assessed to the Licensee bu'� sha11 be included in the assessment of the right of way or
<br /> other property of the Railro�,d Cor�pany, then the Licensee shall pay to the Railroad
<br /> Gompany. an equitable proportion of such taxes de�ermined by the value of the Licensee �s
<br /> property upon said right of way as compared with the entire value of said right of way.
<br /> Section �. RESTORATION OF RAIT.�ROAD COMPAIVY�S PROPERTY.
<br /> In the event the Licensee shall take down any fence of the Railroad Company or in any
<br /> manner move or c�isturb any of the other propert,y of the Railroad Company in connection *aith
<br /> the construction, maintenance, repair, rene�:,�al or reconstruction of the Pipe �Line, then
<br /> anc�in that event the LieensPe shall, a.s soon as possible anc� at its sole expense, restore
<br /> such fence and/or such other property to the same condition as it was in before such
<br /> fence was taken down or such othsr property was moved or disturbed, and the Licensee shall
<br /> indemnify and save harmless the Railroad Company from and against any and all liability,
<br /> loss, dam2ges, claiMS, demands, costs and expenses of wh�tsoever nature, includin� court
<br /> costs and attorneys' fees, which may result frc�m in�jury to or death of persons whomsoever,
<br /> or damage to or loss or destruction of property whatsoever, when such in,jury, death, damage,
<br /> loss or destruction grows out of or arises from the takin� down of any fence or the moving
<br /> or disturbance of any of the other property of the ??ailroad . Company.
<br /> Section 9. DISPOSAL OF PROPERTY.
<br /> In t��e event the Railroad Company shall dispose of any of its property upon which the
<br /> Pipe Line is located,�$ h�rein provided, the license or permit herein granted, with respect
<br /> to the portion of th.e Pipe Line located upon the property so disposed of, shall forthwith
<br /> cease and determine,
<br /> SPCtion 10. LIABILITY.
<br /> The Licensee shall indemnify �,nd hold harmless the Railroad Company from a.nd against
<br /> any �,nd all liability, loss darnage, claims, demands, costs and expenses of whatsoever 4
<br /> nature, including cour.t costs and attorneys ' fees, ?tirhich may result from in,jury to or
<br /> det�th of persons whomsoever, or damage to or loss or destruction of property whatsoever �
<br /> ( including dama,ge to the roadbed, tracks, equipment or o�her property of �he Railroad
<br /> Company or property in its care or custody) , whether such in,jury, death, loss, de�truction
<br /> ar dam�.ge graws out of or arises from the bursting of or leaks in the Pipe Line or the
<br /> explosion or ignition of �as or oil carried �herein or escaping therefrom, or in any other
<br /> way whatsoever is due to, or ar�ses because of, the existence of the Pipe Line or the
<br /> opPr�.tion, construction, maintenance, repair, reneY�ral, modification, reconstruction, re-
<br /> vision, reloc�,tion or removal of the Pipe Line or �ny part thereof, or to the contents
<br /> therein or therefrom. And the LicPnsee does hereby release the Railroad Company from all
<br /> liability for d�mages on �,ccount of in,jury to the Pipe Line from any cause whatsoever.
<br /> • Section 11. Tr'RMINATION ON ABAI�?DONP-'!'.?NT OR D�FAULT.
<br /> Disuse of the Pipe Line continuing, at any time, for �, period of one �ear shall
<br /> constitute an abandonment thereof, and in the event of such an abandonment the Railroad
<br /> Company *nay, at its option, terminate �ris agreem�nt.
<br /> If the I�icensee shall fail to keep and perform �11 or any of tr,e covenants and agree-
<br /> ments herein cantained to be by it kept �nd performed, or if the Licen�ee shall fail to
<br /> make anv of the payments which it is oblig<�ted to ma,ke hereunder, and such default sh�,ll
<br /> continue for a �eriod of thirty da.ys after written notice from the Railroad Company to
<br /> the Licensee specifying such default, then the Railroad Company may, at its option, forth-
<br /> �rith termina.te this agreement.
<br /> Section 12. RER4QVAL OF PIPE LINE UPON T�MINATION OF AGRETt�;�'+�'NT.
<br /> ��Iithin ninety days after the termination of th3.s agreement howsoever, the Licensee
<br /> shall, at its sole expense, remove the Pipe Line from those portions of said right of way
<br /> not occupied by the roadbed and tr�ck or tracks of the Railroad Company and shall restore,
<br /> to the s��tisf�ction of the Railro�.d Company, said portions of said right of way to as good
<br /> conc�ition as they ta�re' in at th.e time of the construction of the Pipe Line; and if the
<br /> Licensee f'a.ils so to do, the R�ilroad Compa.ny may do such work oi removal �,nd restor��tion
<br /> at the e�pense of the Licensee. The Railro�.d Compa.ny may, at its option, upon such
<br /> termin�tior�, at the expense of the Licensee, remove the portions of the Pipe Line located
<br /> undernea,th said roadbed and trac� or tr�eks ��,nd restore said roadbed to as good condition-
<br /> as it was in at the time of the construction of the Pipe Line, or it r.1ay permit the
<br /> Licensee to do s�ach work of removal and restoration under the supervision of the Railroad
<br /> Company. In the event of '�he remov�,l of the Pipe Line a.s in this section provided, the
<br /> Railroad Company shall in no manner be liable to the Licensee for any da.mage sustained by
<br /> the Licensee for or on aecount of such r emoval, and such removal shall in no m�,nner pre- 5
<br /> ,judice or impair any right of action for dama es, or otherT,aise that the R�,ilroad Com an
<br /> g � P Y
<br /> may have against the Licensee.
<br /> Nothing in this section contained shall obli�;ate the Licensee to remove the Pipe Line
<br /> beca�zse of termination of this license with respect to same under the provi5ions of Section
<br /> 9 hPreo�' in cases ti�rhere the Licensee shall have m�de arrangements for the continuation of
<br /> the Pipe Line with the grantee or �;rantees of the Railroad Company.
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