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<br /> S ?IX i!
<br /> 7,:ew
<br /> TLe foret--.7cii4::; grant is subject and subordinate to
<br /> the ',;r. ior and continuing rig,ht and o ice;ation of the Rai 1-
<br /> road Company to use p_ak intain its entire railroad riL,iat
<br /> of way in the 13e.x.fc-rmance of its public duty as a common
<br /> carrier, and is al so subject to the right and power of the
<br /> Railroad Company to construct , maintain, recair, renew, use,
<br /> Hoperate, change, modify or relocate raiLroad tracks , tele-
<br /> graph, telephone., signal or other pole and lines , pipe
<br /> lines and other facilities upon, along or across coy or all
<br /> carts of said right of way, all or any of which may be freely
<br /> -done at any time or times by the Railroad Company without
<br /> liability to the Licensee or to any other pa rty for cone-en-
<br /> sation or damages.
<br /> The fore::,oine grant is al sc sub ect to al I out-
<br /> ztandint superior rights ( inclucint those in favor of tele-
<br /> graph and telephone companies, lessees of raid rihat of wa ,
<br /> and others) and the right of the Railroad Co::Ipany to renew •
<br /> and extend the same.
<br /> Section 2 . CC:':.STRUCTICN. ALTD iJIDtTTIiAiCL.
<br /> The Pipe Line shall be construct:2.i , no inta Lied ,
<br /> 'repaired , renewed, modified andjoi reconstructed Ly and at
<br /> the expense of the Licensee and all work on said ..1;: et of way
<br /> in connection thereiith shall be done unL,e,- the supervisj
<br /> and to the satisfaction of the Railroad Conpanv . 21._11 ex-
<br /> penses incurred by the Rai lroad Company 12n co nnect] on with
<br /> said c!ork for supervision or inspection . shall
<br /> be' borne by the Licensee.
<br /> The portion oi port ions of tc 71--: ye in located ,
<br /> ta cc he I coated , underneath said track or I ache shall con-
<br /> sist of !:nu, -
<br /> placed at a depth of not less than L.5 feet below the
<br /> base of the rails of said track or tracks, and pi-di to the
<br /> comn.encEnent of any cork in connection II Lb. so oh pec Lion or
<br /> portions of the Pipe Line :nether of constl ucti on, ::1a7", rUe-
<br /> nance, repair, renewal, mod ificatto1, relocatici , recon-
<br /> structi on or re..loval , the Licensee shall submit to the
<br /> road Company plans setting out the method and Ilannel of
<br /> Lanolin the work end shall not proceed with the v-era until
<br /> such plans shall have been approved by the Chief Ln;Tfrne or of
<br /> the Railroad Company cxi d "then only under the supel vi si on of
<br /> aid Chief Engineer or his representati ve. The R:ii lroad
<br /> Co:-11..ari;,, shall have the r irht , if t so ele ct , to crovihe
<br /> such support as it .,iay deem cc acessary for the safety o f its
<br /> track or tracks duri n,E,i the tine such 'cork is beirr: done,
<br /> and , in the event the Pci lioch Company provides such support ,
<br /> the :Licensee shall pay to the in ili ead Company,, cci thi
<br /> fi ft,:en days after bills shall nave been rendered t nerefor,
<br /> all r, xpen so incurred by the hal lroad Co.:.pany in concoction
<br /> therewith, which said e:q)en se shall nol tide all assignable
<br /> costs plus ten per cent (1Q. ) to cover elements of L co ense
<br /> riot capable of exact a scurtain1:-.-at
<br /> The L C sec shall keep and maintain the soil over
<br /> tile Pipe Line that ouchly compacted and the. grade even with
<br /> the ad,j acont surface of the ground.
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