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<br /> 1vII���LL.��EOUS Ft.�CORD V �
<br /> 290E8-TH[AUOUETINECO.iRANDISL�ND.NlBR. � - � �� - �
<br /> Section 7. CLAI"TS Ai1D LIENS FOR LABOR AND ���AT�IAL-TAXES.
<br /> The Licensee sha11 fully pay for all materials �oined or affixed �o and labar performed
<br /> upon said ri�ht of way in connection with the construction, maintenance, repair, renewal or
<br /> reconstruc�ion of the Pipe Line, and shall not permit or suffer any mechanic ' s or material-
<br /> rnan ' s lien of any kind or nature to be enforced ag�inst said right of way for any work
<br /> 3 done or materials furnished thereon at the instance or request or on behalf of the Licensee;
<br /> and the L�censee s���.1I indemnify a.nd hold h�rmless the Railroa.d Company from and against
<br /> any and all liens, cl�ims, der�ands, costs and expenses of whatsoever nature in any way
<br /> connected with or grotaing out of such ��ror�� done, labor performed, or materials furnished.
<br /> The Licensee shall promptly pay or discharge a11 taxes, rates, charges and assessments
<br /> leviec� upon, in respec� to, or on account of the Pipe Line, so as to prevent the same
<br /> becomin� � charge or lien upon said right of way, or any other property of the �ailroad
<br /> Company, <�nc� sc t��at the taxes, charges �nd asse�sments levied upon or in respect to said
<br /> right of ?aay and r�thPr pro�ert;� of the Railroad Company sha,ll not be increased because of
<br /> the loc<ntion, cona�ruction or m�.intenanee of the Pipe Llne or any improvement, appliance
<br /> or fixture connected there?aith pl�.ced upon said ri�ht of �aay, or on �.ceount of the Licen-
<br /> see 's interest th�rein. �^�.ere such tax, charge or assessment may not be separately made
<br /> or assesse�. ta the Licensee but shall be included in the assessnlent of the ri�ht of way or
<br /> other propert,y of the Railroad Comp�.ny, then the Licensee shall pay to the Railroad Company
<br /> an equitab.le uroportion of such ta.xes determined by the value of the Licensee� s property
<br /> upon said ri�ht of *aay as comp�red ?•aith the entire value of said right of way.
<br /> Section �. �ESTORATIO"1 OF RAILROAD COMPA�TY' S PROPERTY.
<br /> In th.e event trse Licensee shall take down any fence of the Railro�,d Company or in any
<br /> mannAr move or c�isturb any of the other property of the Railro�,d Company in connection with
<br /> the construction, mainten�nce, repair, rene?aal or reconstruction of the Pipe Line, then and
<br /> in that event the Licensee shall, as soon as possible and �,t its sole expense, restore such
<br /> fence and/or such o�her property to the same condition as it was in before such fence was
<br /> taken down or such nther property was moved or dis�urbed, and the Licensee shal-1 indemnify
<br /> and save narmless the Railroad Company from and a�ainst any and all liability, loss,
<br /> damages, claims, dernands, costs and expenses of �,�hatsoever nature, including eourt costs
<br /> and attorneys ' fees, which may result from in,jury to or death of persons t�ahomsoever, or
<br /> damage to or loss or des�ruction of property whatsoever, when such in,jury, death, damage,
<br /> loss or destruction grot�rs out of or arises fro� the takin� down of any fence or the moving
<br /> or disturbance of �ny of the other property of the Railroad Company.
<br /> Se ction 9. DISPOSAL �F PROP�..'�iTY.
<br /> In the event the Railro��,d Comna�ny shall �.ispose of any of it s property upon �ahich the
<br /> Pipe Line is loc?ted, as herein provided, the license or permit herein gr�nt�d, with
<br /> reapect to the portion of the Pipe Line located upon the property so disposed of, shall
<br /> forthz�ith cea.se and cleterm3.ne.
<br /> Section 10. LIAL�II�ITY.
<br /> The Licensee shall inc�emnify and hold harmless the Railroad Company from and against
<br /> � any and all li�.bility, loss dama�e, claims, demands, costs and expenses of �hatsoever
<br /> n�ture, inclur�in� court costs an�. attorneys � fees, which m�y result from in,jury t� or
<br /> deat?: of persons ���homsoQver, or d�,m?g� to or losa or destruction of propPrty �,�hatsoever
<br /> ( includin� dar��ge to the r�adY�ed, tr�,cks, eouipment or other property of the Railroad
<br /> CompanJ or propertyT in its care or custody) , tiahether such in,jury, death, loss, destruction
<br /> or d�.m�.ge gro?��s out of or �,rises from the bursting of or leaks in the Pipe Line or the
<br /> exp1osion or i�nition of gas or oil carried therein or escaping therefrom or in an other
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<br /> ti,ra Tahatsoever i� du t or r3.sas b c� use of th xist n �
<br /> y e o, a e � , e e e ce of the Pi e Line or t�le
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<br /> operation, construction, ma.intenance, repair, renetaal, modification, reconstruction, re-
<br /> vision, relocation or remaval of the Pipe Line or any part thereof, or to the contents
<br /> therein or therefrom. And the Licensee does hereb� release the Railroad Comp�.ny from all
<br /> lia.bili�y for dam�.�es on a,ccount of in,jury to the Pipe Line from any cause whatsoever.
<br /> Se ction 11. T�R�Ir1ATION ON ABANDOIVMENT OR D��'AULT.
<br /> Disuse of the Pipe Line con�inuing, �.t any time, for a period of one year shall
<br /> constitute an abandonment thereof, ana in the event oF such an abandonment the Railroad
<br /> Company m�y, at its option, termin�te tnis agreement.
<br /> If the Licensee shall fail to keep and ��erform all or any of the coven�,nts and agree-
<br /> ments herein cont�zined to be by it kept and performed, or if the Licensee shall fail to
<br /> make any of the paymen'ts which it is obligated to rnake hPreunder, and such defa�alt shall
<br /> continue for a period of thirty days af�er Taritten notice from the Railro��d Com��any to the
<br /> Licensee spPCif�in� such default, then the Railroad Compa,nf may, at its option, for�thwith
<br /> terminate this ��reement.
<br /> Section 12. R�'MOZ'AL OF PIPE LINE UPON TFRMINATION OF AGRF�'P�ENT.
<br /> ?�lithin ninety c?�.��s a.fter the termin��tion of this agreement howsoever, the Licensee
<br /> shall, at its sole expense, remove the Pipe Line from those portions of 5aid right of way,
<br /> not occupied by the roadb�d a.nd tra,ek or tracks of the Rallroad Company and shall restore,
<br /> to the s�,tisfaction of the Ra,ilroad Company, said portions of said right of way to a.s good
<br /> condition as they tiaere in at the time of the eonstruction of the Pipe Line; and if the
<br /> Licensee fa.ils so 'Go do, the Railroad Company m�.y do such �aork of removal �nd restor�,tion
<br /> at the expense of the Licensee. The R��,ilroa,d Compa.ny may, at its option, unon such
<br /> termination, at the expense of the Licens�e, remove the portions of the Pipe I�ine located
<br /> underr�e�th s�id ro�dbed and tra.ck or tracks and restore said roadbed to as good conclition
<br /> as it was in ��t the time of the construction of the Pipe Line, or it may permit the
<br /> Licensee to dc such �aork of rer�oval and restor��tion und.er the supervision of the Railroad
<br /> Comn�ny. In the event of the removal of the Pipe Line as in this section provided, the
<br /> R�ilroad ^ompany a'rlall in no m�.nner be Ii�ble to �ne Licensee for any damage su3tained by
<br /> 5 the Licensee for or on accoun� of such removal, �,nd such removal shall 9.n no mannPr pre-
<br /> ,judice or imp��3.r any right of action for dam�ges, or otherwise, that the R�ilroad Company
<br /> may have aga.inst the LicenseP.
<br /> Sdothing in t�is section contained sh�ll obligate the Licensee to remove the Pi�e Line �
<br /> beca.use of t�rmination of this license tiaith respeet to same under the provisions of
<br /> Sectian � hereof in cases tnrhere the Licensee shall h�.ve made �rrangements fb r the contin- �
<br /> uation of the Pipe Line *.�rith the grantee or ;rantees of the Railroad Comp�ny. �
<br /> Section 13. 'dAIVER OF BR�'ACH.
<br /> The ?aaiver by the Railroad Company of the bre��.ch of any candition, covenant or agree-
<br /> ment herein contained to be kept, observed and �,�erformed by the Licensee shall in no way
<br /> impair tne right of the R��.ilroad Comp�.ny to avail itself of any subsequent breach thereof.
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