|
i
<br /> Section 7. DISPOSAL OF PROPERTY.
<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 licene or permit herein granted, with
<br /> respect to the portion of t'he Pipe Line located upon the
<br /> property so disposed of, shall forthwith cease and determine.
<br /> Section$. 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 /> nature, 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 /> cludiVag damage to the roadbed, tracks, equipment or other
<br /> ( property of the Railroad Company or property in its care or
<br /> custody) , when 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 in any other way whatsoever is due to,
<br /> or arises because of, the existence of. the Pipe Line 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 contents therein or
<br /> therefrom. And the Licensee does hereby release the Rail-
<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 . TERMINATION ON ABANDON( ENT OR DEFAULT.
<br /> Disuse of the Pipe Line continuing, at any time,
<br /> for a period of one year shall constitute an abandonment
<br /> thereof, and, in the event of such an abandonment, the Rail-
<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 /> b,, it kept and performed, and such default shall continue for
<br /> a period of thirty days after written notice from the Rail-
<br /> road Company to the Licensee specifying such default, then
<br /> the Railroad Company may, at its option, forthwith terminate
<br /> this agreement.
<br /> Section 10. REMOVAL OF PIPE LINE UPON TERMINATION OF
<br /> AGR ,LI.ENT.
<br /> Within 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 Railroad Company,
<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 /> Ido, the Railroad Company may do such work of removal and
<br /> restoration at the expense of the Licensee. In the event
<br /> lof the removal of the Pipe Line as in this section provided,
<br /> ithe Railroad Company shall, in no manner, be liable to the
<br /> Licensee for any damage sustained by the Licensee for or on
<br /> iaccount 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 Railroad Company may have against the Licensee.
<br /> PLX if .
<br /> 1
<br />
|