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<br /> I�IISCELI�AN�OUS I�.ECOI�.D V
<br /> 29088-TN[IIYCO{TINECO.i9ANDIfL11ND,NlBR. � - �. �
<br /> 3eetion 10. LTABILT�'Y«
<br /> The Licensee �hall indemnit'y and hold harmless the Railroad Company f'rom �and against
<br /> any and all liability, loas, d.a,ma�e, ela,ims, dema,nda, costs and expenses of whatabever �
<br /> nat�re, including court costs and attorneys ' fees, which may result Prom in,ury to or
<br /> death of persons whomsoever, or d.a,mage to or 1.oss or destruction of property whataoever
<br /> (ineiuding damage �o the roadbed, tra�ks, equipment or other property of the Railroad Com-
<br /> pany or property in its care or custody) , whether sueh in�ury, dea�h, 1o�s, destruction or
<br /> dama.ge grows out of or arises fram the bursting of or leaks in the Pipe Line or the explosion
<br /> or 3gni�ion of gas or oi.l earried therein or escaping there�rom, or in any other way whatso-
<br /> ever is due to, or arises because af, the existence vf the Pipe Llne or the .operation, con-
<br /> struction, main�enane�, repair, renewal, modification, recons�ruetion, revision, relocation
<br /> ar rea�oval of the Pipe Line or any part thereof, or .to the contents therein or therefrom.
<br /> �nd t,Yie Licensee does hereby relea�e the Ra�.lroad Company from al1 liability Por damages
<br /> o� a.ceount of in��ary tio the Pipe Line from any cause whatsoever.
<br /> �eetion 11. TERMTNATI�N 0�T ABANDONMENT OR DEFAULT.
<br /> Diguse �4f �the Pipe. Line Qontinuing, at any time, for a period oP one qear shall con-
<br /> stitute an ab�.ndonment '�hereof, and �.n the event oP sueh an abandonm�nt the Railroad Com-
<br /> pany may, at its option, terminate thia agreement.
<br /> If the L3censee $hall fail to keep and perf'orm all or any o� the eovenants and agree-
<br /> menta herein contained to be by lt kept and performed, or 1f the Licensee shall fall to
<br /> make ariy oP the payments which it is obl�.gated to make hereunder, and such default shall
<br /> continue fvr a period of thirty days a�'ter written notice from the Rail�oad Company to the
<br /> Licenaee specifying such defaul�, th�n �he Rallroad Company may, at its opt3.on, forthwith
<br /> terminate this a�reement. .
<br /> 3eet�.an 12. REMOVAL �F PIPE LTNE UPON TERMINATT�N OF AGREEMENT. �
<br /> Within ninety days af'ter the terrn�.nation oP this agreemen� howsoever, the Liceneee
<br /> shall, at 3ts sv3e e�ense, remove the Plpe Line Pram those por�ions of said right of way
<br /> not oecupied by the roadbed and traek or traeks o�' the Railroad Comp�ny and shall restore,
<br /> to the sa�isfaction of' the Railroad Compan�, said portions of said right a� way te as good
<br /> condition as they were in at �he time of the constructivn of the Pipe Lin�; and if the
<br /> Licensee fails so to do, the Railroad Company may do such work of removal and restoration
<br /> at the �xpense of the Licensee. The' Rai7.7�oad �ompany may, at its opt3.on, upon such termina-
<br /> tion, at the expense of the Llcenaee, remove the portiona of the. Pipe Line located under-
<br /> neath said roadb�d and �racl� or traeks and restore said raadbed to as �ood concl�.tion, as it
<br /> was ir� at the time of the .con�truction of the Pipe Line, or it may permit the Licensee to
<br /> da such work of removal and restoration under the supervision of the Railroad Company. In
<br /> the event of the removal of the Pipe Line a,s in this seetlon provided, the Railroad Company
<br /> shall in no manner be liable to fi�b.e Licensee for any dama�� sustained by the L�.eensee for
<br /> or on account of such removal, and such removal shall in no manner pre,�udice or impair any �j
<br /> right of actior� for da,mages, or otherwise, �hat the Railroad Company maq have against the
<br /> L3.cens ee.
<br /> l�othing in this section contained shall obli�ate the Liceneee to remove the Pip� Line
<br /> because of termina�ion oY �his licen�e with respect to same under the provisions of
<br /> Seetion 9 hereof in easea where the Licensee �ha1Z have made arran�ements �or the eon-
<br /> tinuation of the Pipe LiMe with the grantee or grantees of the Railroad Company.
<br /> Seation 13. WAIVER OF BREACH.
<br /> The waiver by the Railroad Company of the breach vf any condition, covenant or agree-
<br /> ment herein contained to be kept, observed and performed by the Licensee shall in ho �ray
<br /> impair the right of the Railroad Company to avail itself of any subsequent breaeh thereof.
<br /> Sect�on 14. AaREEMENT NOT �0 BE ASSIf�NED.
<br /> The Licensee ahall not sublet, in whole or in p�rt, the ri�hts herein granted and shall
<br /> not asaign this agreemen� wi�hout the written consent of the Railroad Company, and it is
<br /> agreed that any transfer or assignment or at��mp�ed transYer or assignmen'� of this a,gree-
<br /> m�nt or ax�y of the ri�ht8 hereby granted, whether voluntary, by operation of law, or other-
<br /> wiae, without suoh cor�sent in writ3ng, shall be absolutely void and, at the option of the
<br /> Railroad Company, shall termina.te this agreement.
<br /> Seetion 15. EFFECTIVE DATE - TERNI.
<br /> This agreement sha.11 take efPect as oP the 15th day of December, 1949, and shall con-
<br /> tinue in fu11 Poree and ef�eat until terminated as herein provided.
<br /> 3eetion 16. StTCCESSORS AND ASSIGNS.
<br /> Sub,�ect to the pro�isions of Section 14 hereo�', this agreement shall be binding upon
<br /> and inure to the benefit of the parties hereto, �heir heira, execu�ors, administra�ors,
<br /> sueces�ora and assigns.
<br /> IN WITNESS WHEREOF', the parties hereto have caused this agreemen� to be executed in 6
<br /> dupllcate as of the date Yirat herein wri'�ten. �
<br /> ' W3.tness: (CORP) UNIOAI PACIFIC RAILROAD COMPANY,
<br /> R. C. Swansan (3EAL) By H. E. Bhumway
<br /> At'�e s t: (3en eral Ma.nager
<br /> C. B. Matthai (Seal)
<br /> Asa s an ecr� ary
<br /> KANSAS-NEBRASKA NATURAL GAS
<br /> Wi�ness: C�MPANY, INC. ,
<br /> J. L. You g By L. E. Nelaon
<br /> Attest: (��) ee-President
<br /> Lew M. Little (Seal)
<br /> sa t- eeretary 7
<br /> Approved as to form:
<br /> C. F. Bon ardt
<br /> . e�n'eral A�'orney
<br /> APPROVED: Approved as to execution:
<br /> W. C. Perkins John A. Bennewitz
<br /> hief Engineer ss . es ern nera oun e
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