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<br />ARTICLE II.
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<br />Licensee undertakes and agrees:
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<br />I. Speclfiations: To install said Crossing according to the specifications of the American Railway Engineering
<br />Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
<br />material sa~isfactory to licensor's Chief EnlZineer. with its top at least five and one-half (5~ ') feet beneath the base ofthe rail under
<br />the track, and at least five and one-half(S-l/2') feet below the 8urface of the ground
<br />elsewhere, so it will not interfere with, interrupt or delay the 8afe operation of
<br />Licensor's trains, engines, cars and other of Licensor's facilities at said location,or
<br />cause damage to Licensor's property. Said pipe line 8hall be encased in a larger pipe
<br />where it passes under any railroad track, and for at least twenty-five (25') feet on
<br />each side of the center line of any such track.
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<br />No materials, tools, or equipment shall be 8tored any closer than ten (10') feet
<br />of the centerline of any track. The regulations of Licensor, and the instructions of
<br />its representatives shall be complied with relating to the proper manner of protecting
<br />the tracks, pipe lines, wire lines, signals, and all other property at said location,
<br />the traffic moving on such tracks and the removal of tools, equipment and materials.
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<br />2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
<br />affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not unreasonably
<br />interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
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<br />3. Liability: Licensee hereby assumes the risk of, and agrees to indemnify and
<br />hold harmless against all liability, damages, expenses, attorney's fees, and costs for
<br />injuries to and deaths of persons whomsoever, including employees øf the Licensor and
<br />Licensee, and damages to and destruction of property whosesoever, including property of
<br />Licensor and Licensee, growing out of, incident to, or in any manner resulting during the
<br />construction, of said Crossing on Licensor's right of way unless caused solely and directly
<br />by the negligence of Licensor, its agents or employees. In addition, Licensee shall reimburse
<br />Licensor for any damages or repairs to Licensor's property made necessary by acts of
<br />,.qndalism or the like resulting in any manner whatsoever from this License during construc-
<br />.on of said Crossing as well as during maintenance, operations, and use of said Crossing.
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<br />Upon completion of construction and during the entire remaining period of this
<br />License agreement including extensions, if any, to include but not be limited to the
<br />maintenance, operation, use and presence of said Crossing on Licensor's right of way,
<br />Licensee hereby assumes the risk of and agrees to hold Licensor harmless against, all
<br />liability, damages, expenses, attorney's fees, and costs for injuries to and deaths of
<br />persons whomsoever, including employees of Licensor and Licensee, and damages to and
<br />destruction of property whosesoever, including property of Licensor and Licensee, growing
<br />out of, incident to, or in any manner resulting from negligence of Licensee in any manner
<br />whatsoever to include but not be limited to Licensee's sole negligence and/or joint
<br />negligence, but in respect to joint negligence this indemnity shall only apply to that
<br />percentage of negligence actually attributable to Licensee, its agents or employees. In
<br />addition, it is further agreed that this indemnity provision is not applicable in regard to
<br />negligence solely and directly caused by Licensor, its agents or employees.
<br />
<br />4. Wainr: To waive all right to question the validity of this License or any of the terms or provisions hereof. or the right
<br />or power of Licensor to execute and enforce the same.
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<br />5. Reimbursement: Licensee agrees to reimburse Licensor for all costs and
<br />expenses incurred by Licensor in connection with the installation of said Crossing,
<br />including, but not limited to, the furnishing of such inspectors, watchmen, and flagmen,
<br />as Licensor deems necessary to protect its property, tracks, engines, trains, and cars,
<br />and the operation thereof, the installation and removal of any necessary false work
<br />beneath the tracks of Licensor, and the restoration of Licensor's property.
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