|
a
<br />damage, claims, demands, costs and expenses of whatsoever
<br />nature, including court costs and attorneysi 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 />cluding damage to the roadbed, tracks, equipment or other
<br />property of the Railroad Company or property in its care or
<br />custody), wh0ther such injury, death, loss, destruction or
<br />damage grows jout of, or arises from the bursting of or leaks
<br />in the ripe Line or the explosion or ignition of gas 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 any part thereof, or
<br />to the contents therein or therefrom. and the Licensee does
<br />hereby release the Railroad Com -)any from all liability for
<br />damages on account of injury to the Pipe Line from any cause
<br />whatsoever.
<br />Section 11. TERMINATION ON 3 AMONInENT OR DEFAULT.
<br />Disuse of the ripe 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 Railroad
<br />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 />by it kept and performed, or if the Licensee shall fail to
<br />make any of the payments which it is obligated to make here-
<br />under, and such default shall continue for a period of thirty
<br />days after written notice from the Railroad Company to the
<br />Licensee specifying such default, then the Railroad Company
<br />may, at its option, forthwith terminate this agreement.
<br />Section 12. ItbIVIOVAL OF PIPE LINE UPON TERivilMATIU11 OF
<br />AGREEi,,ENT .
<br />githin 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 Company and shall restore, to the satisfaction of the
<br />Railroad Company, said portions of said right of way to as
<br />good condition as they were in at the time of the construction
<br />of the Pipe Line; and if the Licensee fails so to do, the
<br />Railroad Company may do such work of removal and restoration
<br />at the expense of the Licensee. The Railroad Company may, at
<br />its 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 3ailroad 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 />G &O
<br />PLX
<br />
|