|
•
<br /> damage; clams, demands,, costs and.* expenses of whatsoever
<br /> nature, including court costs and attorneys' fees, which may
<br /> result from injury to or death of persons whoasoever, or
<br /> damage to or loss or destruction of property whatsoever (in-
<br /> eluding damage to :the roadbed, tracks, equipment- or other
<br /> property of the Railroad Comany or property in its care or
<br /> custody) , whether such injury, death, loss, destruction or
<br /> damage grows out of or arises from the bursting of or leaks
<br /> in the Pipe Line or the explosion`or ignition of has or oil
<br /> carried therein or escaping-,therefrom, or in any other way
<br /> whatsoever is- due to, Or arises because of, the existence of
<br /> the Pipe Line , or the operation, construction, maintenance,
<br /> repair, renewal, modification, reconstruction, revision, re-
<br /> location or removal of= the Pipe Line or an :art thereof, or
<br /> to the contents th.erein or <therefrom. And the Licensee does
<br /> hereby release the Railroad Company from all liability for
<br /> damages on account'`Of injury to the Pipe Line from any cause
<br /> whatsoever.
<br /> Section 11, - TERMINATION ON ABANDONMENT OR DEFAULT.
<br /> Disuse of the ipe Line continuing, at any time,
<br /> for a \period of/ one year shall constitute an abandonment
<br /> 'thereof, and irk the even of such an abandonment the Railroad
<br /> Company may, a its option, terminate this agreement.
<br /> If tie Licensee small fail to keen and perform all
<br /> or any of the ovenants and agreements herein contained to be
<br /> •
<br /> by it kept and performed, or if the Licensee shall fail to
<br /> make any of th . payments which it is obligated. to _:sake here-
<br /> under, and such default shall continue for s. period of thirty
<br /> days after written notice frok the Railroad Company to the
<br /> Licensee spedifying such default, then the Railroad Company
<br /> may, at its option, forthwith terminate this agreement.
<br /> Section 12. 'REMOVAL OF PIPE LINE UPON TERi' NATION OF
<br /> AGREEN NT .
<br /> Within ninety days after the termination of this
<br /> agreement howsoever, the Licensee shall, at its sole expense,
<br /> remove the Pipe Line from those portions of said right of way
<br /> not occupied by the roadbed and track or tracks of the Rail-
<br /> road Comparfy and shall restore, to the satisfaction of the
<br /> Raiiroad Company, said portions of said ri -tt of way to as
<br /> good condition as they were in at the time of the construction
<br /> o ' the Pipe Line; and if the Licensee fails so to do, the
<br /> 1 ilroad Company may do suc�i work of removal and restoration
<br /> at the e, pense of the Licensee. The Railroad Company may, at
<br /> i4s option, upon such termination, at the expense of the Licen
<br /> see, remove the portions of the Pipe Line located underneath
<br /> said roadbed and track or tracks and restore said roadbed to a-
<br /> ) good condition as it was in at the time of the construction of
<br /> the Pipe Line, or it may permit\the Licensee to do such work
<br /> of removal' and restoration under-- the supervision of the Rail-
<br /> road Company. In the event of the removal of the Pipe Line
<br /> as in this section provided, the Railroad Company shall in _no
<br /> manner be liable to the Licensee for any damage sustained
<br /> by the Licensee for or on account of such removal, and. such
<br /> G0 •
<br /> Y.LA. 5
<br />
|