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<br /> ARTlCLlli.
<br /> Licensee undertakes and agrees.
<br /> I- Specification..: 1 (1 insta11 said Cr()~sin!! according to the' specifications of the American Railway En¡!.inerrin!,!
<br />Association >;-,rt 5. PIpelines. 1 he Crossin!! shall ht:' bid and maint:llned at the sole cost oj LIcensee, and In a manner and with
<br />ma lerlal sJtislactory to LIcensor', Chief En~lOeer. wit h its top at least iin' and one-haJt (5 \-: O) feet beneath the hase 0\ the ra ¡j under
<br />the track) and at least five and one-half(5-1/2) feet below the surface of the ground
<br />elf 'here) so it will not interfere ~ith the safe operation of said railroad or cause
<br />daT e to Licensor's property.- Said pipe line shall be encased in a larger pipe where it
<br />pa: s under any railroad track, and for at least twenty-five (25 ') feet on each side of
<br />the center line of any- such track.
<br /> 2. Pre'ient Occupant..: TI) make appropriate arran!lements with any person or legal entity occupyinf! the premises
<br />aflcClcd herchy pursuant to a lease or other perm¡sswn granted hy Licensor. so that Licensee's said Crossing win not unrea~on;¡b!~
<br />Interlen: with the use of the suo,iect property, or create undue hardshIp on the person or legal entity occupym~ the prcmlse~,
<br /> 3. Liability: Licensee hereby assumes the risk of, and agrees to indemnify and
<br />hold harmless against all liabU ity, damages, expenses, attorney's fees, and costs for
<br />injuries to and deaths of persons whomsoever, including employees pf the Licensor and
<br />Licensee, and damages to and destruction of property whosesoever, including property of
<br />Licensor and Licensee, growing ou t .0 f, 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 />vandalism or the like resulting in any manner whatsoever from this License during construc-
<br />tion of said Crossing as well as during maintenance, operations, and use of said Crossing.
<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 />åe~~~uction of property w~osesoever, incluàing property of Licensor and Licensee, gro-.ving
<br />ou- If)- incident to, or in any manner resulting from negligence of Licensee in any manner
<br />wh, ¡oever 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 /> 4 - \\ ah er: To wa i\ e all ri~ ht 10 quest ion the y;:¡lid it) of thi~ Licen~e or any of the terms or provisions hereof. orthe righ t
<br />or power of LIcensor 10 execute and enforce the same.
<br /> ARTICLE III.
<br /> Il is mutually agreed by and between the parties. as foHows:
<br /> J.(a) Repairs and Relocation: Licensee ....ill at alJ times maintain the Crossing in a safe and secure manner. and in a
<br />condition satisfactory to Licensor. Licensor may request Licensee to change the location of the CroSSIng.. orany part thereof. oTtO
<br />make reasonable repairs as 10 the judgement of Licensor shall he deemed necessary to avoJd interference with ordanI!er in the u~e
<br />or operatIon of Llcensor\ railroad. or any of its present or future appurtenances. or telegraph, telephone, sIgnal or òthcr !tnes on
<br />Llcensor's right oj way. and 10 the event it is found necessary for Licemor 10 use its entire right of way. or any portion of II occupIed
<br />hy t he ('rosslng. Licensee shaH a I ils sole ex pense, and.... il hm thirty (30 I da~'s aher notice so to do. (or upon shorter notice in case of
<br />emer¡!ency). remove ¡¡aid Crmsmg, or as much of the Crossmg as is located upon that portion of the right of way so required hy
<br />LIcensor.
<br /> (b) If Licensee shall faiJ to perform an) of its Ob]j/!3tions contained in this a[!reement to the maintenance of safe
<br />cond it IIHI\ In and a hout said C rO\sJn!! or as to 1 he protect IOn oj wIres rom elect rica! inlerlerence on Licensor's property or to ma 10-1'
<br />any'essa ry repalr~. or to relocate said C rO\SIn/!. thell L lCen~( r may cause ..uch condIt Ion to he made safe. or chanpe (1 f joca lion
<br />to h lad\.:, or repair, to he made. or Crossill/! to he removed from LIcensor's propert~, LIcensor actin!! as the apen! of Liccn\cl.',
<br />and /I rcr orm ~uc:h ....ork as J\ nccessan- In thl' lud!!cment of LIcensor. and LIcensee shall. on demand. promptl\ relmhur"l.'
<br />LICCll\lIf ttHo .... hole co~1 Ihereo!. plu, tcn (10"; I per \:Cnt thereon a.. ä char/!e lor susen'¡slon. accounllll¡':. antS U~I' ()f to( I~: or
<br />LIC'Cn\pr may terminate !hl~ License hy ¡!i\ m!! to I.lccnwe !wt le~" than thirty (3 ) days I advance wr~tten notice
<br />of its intention so to do.
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