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<br />Licensee undertakes and agrees:
<br />I. Specifications: To install said Crossing. according to the specifications of the American ~ailway Engineeri.ng
<br />Association P;nt 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee. and In a manner a~d wllh
<br />material satisfactory to Licensor's Chief Engineer, with its top <It least five and one-half(5Yz Î feet beneath the base ofthcral1 under
<br />the track, and' at least five and one-half(5-l/2) feet below the surface of the ground
<br />elsewhere, so it will not interfere with the safe operation of said railroad or cause
<br />damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it
<br />passes 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, Present Occupants: To make appropriate arrangements with any person or legal entity occup~'ing the premises
<br />'ected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not unreasonab¡~
<br />[erfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises,
<br />3. Liab i1 i ty: 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 af 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 wJ.èAY 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 />vandali~ 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 />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 />!dition, it is further agreed that this indemnity provision is not applicable in regard to
<br />~gligence solely and directly caused by Licensor, its agents or employees.
<br />4, W~her: To wai\c aJI right to 4uestion 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.
<br /> ARTICLE Ill.
<br /> It is mutually agreed by and between the parties, as foHows:
<br /> 1.(a) R-epairs and Relocation: Licensee wi]] at aU 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. or any part thereof. or to
<br />make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
<br />or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
<br />Licensor's right of way, and in the event it is found necessary for Licensorto use its entire right of way, orany portion of it occupied
<br />by the Crossing. Licensee shaH at its sale expense. and within thirty (30) days after notice so to do, (or upon shorter notice in case of
<br />emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
<br />Licensor.
<br /> (b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
<br />condjtions in and a~out said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
<br />any necessary repal~s. or to relocate said Crossing. then Licensor may cause such condition to be made safe, orchange of location
<br />to oe made. or repaIrs to be made. or Crossing to be removed from LIcensor's property, Licensor acting as the agent of Licensee,
<br />a~d may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
<br />Licensor the whole cost thereof. plus ten (10(;0 per cent t hereon as a charge for supervision, account ing. and use of tools: or
<br />Licensor may terminate this License by giving to Licensee not Je ssthanthirty (30) daYs~ advance written notice
<br />-~. its intention so to do.
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