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<br /> <br />83-00360~ <br /> <br />UIC LAW DEPARTMENT <br />DOCUMENT NO. 1-5017-1-2 <br />Page 2 <br /> <br />t.hisg~~d,agl"ees .to indemnify and holdharmles.s. Grantor. and <br />i.t:s,a~filiat.e$rtheir officers, . agent.s, employees, successor<s <br /><.:t~.(ls~~9ns,a'3<ain$tand !Sromany and all liability, loss, <br />dall'l(l'3~.iClaim$, detnands ,act ions, causes of action, costs and <br />e:xf>e~seslOfwhatsoevernature, inc.luding court ClOstsand <br />at:<torne:ys'fees,which may result from personal injury to or <br />de~th lOf persons whomsoever.,.. Or damage< to or loss or de- <br />structionof.property whatsoever, includoin9 the pipeline of <br />Grantee~when such persona.l injury, death, loss, destruction <br />oor damage, howsoever caused, grows out of or arises from the <br />bUI"stingof or leaks in said pipeline, or in any other way <br />whatsoever is due to, or arises because of, the existence of <br />said pip~~line or the operation, ma intenance, repair, renewal, <br />reconstruction, removal or use of said pipeline or any part <br />therl~of, or to the contents therein or therefrom. <br /> <br />The term "affiliate" (or "affiliates" as the case <br />may be) aos used herein means any corporation which directly <br />or indirectly controls, or is contrOlled by, or is under <br />COrnInC)1"! cc:>ntrol with Grantor. (Union Pacific Railroad Company <br />is one of several corporations under common control with <br />Grantor. :I <br /> <br />It is expressly made a condition of this easement <br />that if Grantee, its successors or assigns, shall abandon <br />the premises of Grantor in the location described in <br />Exhibi t ltl., or any portion of said premises, for the purposes <br />of this easement, then and in that event all the rights <br />herein glranted shall cease and determine with respect to the <br />premises so abandoned, and the title to said premises shall <br />be EJreed from the burde.n of sa id easement; and it is fur ther <br />agreed that nonuser of the premises described in Exhibit A <br />or any p<>rtion thereof for the purposes of said easement for <br />the p~H ioo of one (1) year shall be deemed an abandonment of <br />the premises or portion thereof not used. In the event of <br />the abandonment of the premises of Grantor in the location <br />described in Exhibit A, or any portion of said premises, <br />eithe~ by nonuser or otherwise, Grantee shall deliver to <br />Grantor a recordable instrument evidencing that the title to <br />the )?Iremises so abandoned is free and clear of the burden of <br />said ~~aSE~ment and is free and clear of liens, encumbrances, <br />clouds upon or defects in the title to said premises created <br />or permitted to be created by Grantee. <br /> <br />If the facilities or any portion thereof are <br />abandoned, and Grantee fails to commence good faith efforts <br />to relnOVI~ the facilities so abandoned and restore the portion <br /> <br />