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<br /> 1vIISC�LI�.AN�OUS I-�.ECORD V
<br /> Zaos�-TN���so:T�xE�e c tsi xg�nEeR. . RE S T ORAT T ON OF RAILROAD C OMPANY' S PR�PERTY.
<br /> 1n �he even� the Licensee sha1.1 take down any fence of the Railroad Company or in
<br /> any manner move or disturb any of the o�ller property of the Railroad Company in connec�ion
<br /> with the construction, maintenanee, repair, renewal or reconstrue�ion of the Pipe Line;y�
<br /> �hen and in that �vent t�ie Licensee shall, as soon as possib�e and at its sole expense,
<br /> r�store such fence and/or such other proper�y �o '�he same condit�.on as i'� was in b�forE
<br />� sueh fence was taken down or such other proper'�y wag moved or disturb�d, and the Licens�e
<br /> sha21 indemnify and save harm�.�ss the Ra.�.lroad Company from and against any and a11
<br /> liability, loss, damage�, c1a3.ms, demands, costs and expenses of whatsor�ver nature,
<br /> including court costs and attorneys' fees, which may result from in�ury to or death of
<br /> p�rsons whonsoever, or damage to or loss or destruction of property whatsoever, when
<br /> �uch in�ury, death, damage, loss ar destruc'�ion grow� out of or arisea From the �aking
<br /> down of any fence or th� moving or disturbance .of any of the other proper�y of th�.
<br /> Railroad Company.
<br /> Seetion 9. DSSP05AL OF PROPERTY.
<br /> In the event the Railroad Company sha11 dispoee of any of it� property upon which
<br /> the Pipe Line is locat�d, as herein provided, �he l�.eens� or permit h�r�in gran�ed, with
<br />� respect ta the portion of the Pipe Line loca'Ged upon the prop�rty �o disposed of, sha,ll
<br /> forthwith cease and de�ermine�.'
<br />' Section 10. LSABTLITY.
<br />� The Licensee shal.l indemnify and hold ha.rmless the Railroad Company f'rom and again�t
<br /> an�r and all liability, loss,
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<br /> damr�.ge, claims, demands, costs and expense� of t��hatsoever nature, including court costs
<br /> and attorneys' fees, which may result from in�ury to or death of p�rsons whomgoever, or
<br /> damage to or los� or��es��r�ze���;���;,,,,�r�,o�wha�soever (�.ncluding damage to tne roadbed,
<br /> tracks, equiprnent or o�h�r proper y,�41n t c re or eus�ody) , whetner sueh in�ury, death,
<br /> loas, destruct3on or darnag� grow� ou'� of or arises from th� burs'�ing of or leaks in �hc�
<br /> Pi e Line or the explosion or igni'Gion of gas or oil carried there3.n or escaping ther�-
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<br /> from, or in any other way whatsoev�r is due to, or arises becaus� of, the exiatenc� of
<br /> the Pix�e Line or �he operation, construction, mai�tenance, repa�.r, renewal, modifieation,
<br /> reeonstruction, revis3.on, rElocation or removal Of' '�hE Pipe Line or any part ther�of,
<br /> or to the con�ents therein or �herefrom. And the Licensee does hereby r�lease the
<br /> Ra�lroad Company from all 1iab�.l�.�y for da.mageg on accoun� of in�ury to the Pipe Line
<br /> from any cause whatsoever.
<br /> Section 11. T�F€MTNATION ON ABANDOI�MENT OR DEFAULT.
<br /> D1.suse of the Pipe L3ne con�inuing, at any time, for a period of one year aha11
<br /> eonatitut� an abandonment thereof, and in the �vent of �uch an abandonment �he Railroad.
<br /> Company may, at 3.'�s option, terminate this agreement.
<br /> If th� Licensee shall fail to keep and perform al� or any of �he eonvenar�ts and
<br /> agr�ements here3.n contained to be by it kept and performed, or if th� Licen��e sha,11
<br /> fa�.l to make any of the payments �h3.ch 3.'� 3.a obligated to make h.ere-under, and -such
<br /> d�fault �hall cont3nue for a neriod of thir�y days af'Ger wri�t�n natice from �Ghe Rail-
<br /> road Company to the License� specifying such defaul�, then th� Rail.ro�f Company may, at
<br /> 3ts op�ion, f'orthwi'Gh terminate thi� agreemen�.
<br /> Section 12. REMOVAL OF PIPE LINE UPON TER�ITNATZON OF AGREEMENT.
<br /> Wi�nin ninet.y days af ter the terminat�on of this agreemen� howsoev�r, the License�
<br /> shall, at its sole e�ense, remove the Pipe Line from �hose portions of said ri�ht of
<br /> not occu 3.ed b the roadbed and �rack or traaks of �he Railroad Com an and sh 1
<br /> way p y p y �1
<br /> restore, to the satiqfaction of �he Railroad Company, sa3d portions of �aid right of
<br /> way �:o as good condit3.on as they we.re in a� the t3.me of the cons'�ruction of the Pipe
<br /> Line; and if the Lic�nsee fails so to do, the Railroad Company ma.y do such work of removal
<br /> and restoration at the expense of th� License�. The Ra.ilroad Company may, a� its opt3on;
<br /> upon such �errnination, at �he e��nse of �he L�.cense�, remove the portion� of th� P�.pe
<br /> Line loca'�ec1 undernea'�h said roadbed and track or track� and restore said roaclbed to as
<br /> good condition as i� was in at the �ime of the con�truc�ion of the P�pe Line, or i� ma�
<br /> permit th� Licenae� to do such t�,rork of removal and r�storation under �he supervislon of
<br /> the Railroad Company. In the event of- �Ghe removal of the Pipe Line as in this sea�ion
<br /> provided, the Railroad Company shal�. in no manner be liable to �he Licensee f or any
<br /> damage sustained by '�he Lice�n��e f ar or on account of such removal, and such
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<br /> removal sha11 �n no manner pr��udiee or impair any right of aetion for damages, or
<br /> otherwise, that the Railroad Company may have against the Lic enses.
<br /> I�othing in this seet�on conta.ined shall obligate the L�.c�nsee to remove the Pipe
<br /> Line becausE of termina�3.on of thits license wi'�h r�speet to same under the provisions
<br /> of Seetion 9 her�of in cases wher� �he Licsngee shall have made arrangements for th� ^'a
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<br /> cont3.nuation of the Pipe L3.ne w�.th the gran�e� or gran�ees of the Railroad Company.
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<br /> Section 13. WAIVER OF BREACH. '
<br /> The �raiver byth� Ra3.lroad Company- oP the breach of any condi'�ion, covenant or i
<br /> agreement herein contained �o be kept, observed and performed by the Licensee sha11 in ,
<br /> no �ray impair the right of the Ra3.lroad Company to avail itself of any 5ubsequen� breach i
<br /> thereof.
<br /> Sect3.on 1�. AGREEMENT NOT '�0 BE ASSIGNED. °°`�IY
<br />; The Licensee shall nat �ublet, in whole or in par�, the rights her�in granted and
<br /> shall not agsign this agrecment without the written consen� of the Railroad �ompany,
<br /> and it is agreed tnat any transfer or assignment or attempt�d transfer or assignmen'G
<br /> of �hi� agreement or any of th� righta hereby granted, ti�he�hEr voluntary, by operation
<br /> of law, or otherwise, without such cons�nt in writing, sh�.11 b� absolu'�ely void and,
<br /> at the op�ian of the Railroad Compa.ny, sha11 terminat� this agreement.
<br /> S�etion 15. EFFECTIVE DATE - TF.�RM. .
<br /> This agreement shal3. take effect as of the 28�h day of October, 19�9, and shall
<br /> continue 3.n fu11 foree and �ffect un�il terminated as h�rein 'pravided,
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