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• <br /> O <br /> Section 7. DISPOSAL OF PRUPLRTY. <br /> In the event the Railroad Company shall dispose of <br /> any of its property upon which the Pipe Line is located, as <br /> herein provided, the license or permit herein granted, with <br /> (;respect to the portion of the pipe Line located upon the <br /> property so disposed of, shall forthwith cease and determine. <br /> jj:bection d. LIABILITY. <br /> The Licensee shall indemnify and hold harmless the <br /> Railroad Company from and against any and all liability, loss, <br /> ,;damage, claims, demands, costs and expenses of whatsoever <br /> mature, including court costs and attorneys' fees, which may <br /> !(result from injury to or death of persons whomsoever, or <br /> damage to or loss or destruction of property whatsoever ( _in- <br /> Icludi ,g damage to the roadbed, tracks, equipment or ot::er <br /> property of the hailroad Corn .any or porperty in its cart or <br /> custody) , when such injury, death, loss, destruction or <br /> damage grows out of or arises from the bursti_.p of or leaks <br /> in the Pipe Line, or in any other way whatsoever is due to, <br /> or arises because of, the existence of the Pipe Nine or the <br /> construction, operation, maintenance, repair, renewal , <br /> modification, reconstruction, relocation or removal of the <br /> Pipe Line or any part thereof, or to the c.;ntents therein or <br /> therefrom. And the Licensee does hereby release the a_ail- <br /> 'road Company from all liability for damages on account of in- <br /> ;;jury to the Pipe Line from any cause whatsoever. <br /> Section 9 . T R1',Ilt,ATION DLF -.ULT. <br /> Disuse of the Pipe Line continuing, at any time, <br /> :for a period of one year snail constitute an abandonment <br /> thereof, and, in the event of such an abandonment , the hail- <br /> road Company may, at its option, terminate this agreement . <br /> if the Licensee shall fail to keep and perform all <br /> or any of the covenants and agreements herein contained to be <br /> it kept and performed, and such default shall continue for <br /> period of thirty days after written notice from the !-:ail- <br /> road Company to the Licensee specifying; such default , then <br /> the hailroad Company rnay, at its option, forthwith t.rmi ante <br /> this agreement . <br /> ri _I <br /> t,ection 10. Or P PL LI'OL LPtP 1Lit, .lh'i P a <br /> .iithin ninety days after the termination of this <br /> agreement howsoever, the Licensee shall, at the sole expense <br /> of the Licensee, remove the Pipe Line from said right of <br /> way and restore, to the satisfaction of the :-_ailroad Cori, any, <br /> ' said right of way and the roadbed of said track or tracks • <br /> !:to as good condition as they were in at the time of the con- <br /> struction of the Pipe Line; and if the Licensee fails so to <br /> do, the hailroad Company may do such work of removal and <br /> restoration at the expense of the Licensee. In the event <br /> of the removal of the ripe Line as in this section provided, <br /> the hailroad Company shall, in no manner, be liable to the <br /> Licensee for any damage sustained by the Licensee for or on <br /> account of such removal, and such removal shall, in no manner, <br /> . prejudice or impair any right of action for damage , or other- <br /> wise, that the ailroad Company may have against the Licensee.. <br /> PLX 4 <br /> I • <br /> • <br /> x.37 <br />