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<br /> 1\I\I.lLLII
<br /> Licenset undertakes and :I!!rees:
<br /> I, S!H'ciftC81 ions: 1 (1 insta!1 said Crossin!! accordin!! \(1 thl' specifications of the American R311wa\ Enginceril1¡!
<br /> ASSIH.:iatìlll1 1':.1"1 5. Ptpdlnes. The Crosslllg shall he bid and mall1t:lincd at thc sole cost 01 Licensee. and 1I1 a m;lnncr ;¡nd w IIh
<br /> ma tl.:rI;t! s:l1Istactory to Llcensor's Chief [n~lI1l.:er, with liS to pat least 11 \'1.: and onc-ha II (5 L: 'j teet benl.:a t h the hase 1\1 tl1e r:1I1 u 11th: r
<br /> the track, and at least five and one-half(5-l/2) feet below the surface of the ground
<br /> else\,tJere, 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 le!!al entity OCCUr\'ll1g th.: pn:mise.'
<br /> a fkcted herehy pllrSll~1I1 t to a lea ~e or ot he r r)('rmls~1\1n ~ranted hv Licensor. so t ha t License",\ sa id Crossin!! will not unreasona b 1;-
<br /> IIHerkre with the ust: ot the suhjcct propcrt~, or create undut: hardship on the person or legal enl1t~ OCCUp\în!! Ihe premist's,
<br /> 3. Liability: Licensee hereby assumes the risk of, and agrees to indemnify and
<br /> d harmless against all liab il ity, damages, expenses, attorney's fees, and costs for
<br /> uries to and deaths of persons whomsoever, including employees of the Licensor and
<br /> L :ensee, 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 /> constructinn" 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 /> I iab i1 ity, 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 /> 4. WaÌ\ er: To wain: an right 10 ljuestion the validity of Ihis License or any of the terms or provisions hen:of. or the richt
<br /> r ower of Licensor to execute and enforce the same. .
<br /> ARTICLE 111.
<br /> Jt is mutUally agreed hy and between the parties. as follows:
<br /> I.(a) IÜpairs and Uelocation: Licensee will at an times maintain the Crossing in a safe and secure manner. and in a
<br /> condition satisfactory to Licensor. Licensor may reyuest Licensee to change the location of the Crossin:.!. or any part thereof. or to
<br /> m;,¡ke rcasonahle repairs as 10 the judgement of Licensor shall he deemed necessary to avo](! interferencewilh ordancer in the use
<br /> or operation of LJccnsor's railroad, or any of its present or future appurtenances, or telc¡!raph, telephone. sl¡mal or òther hnes on
<br /> Llcemo!"s right 01 way, ¡JOt! in the event it is found necessary for I.lcensofto use its entire fl!!ht of way, orany pl"'\rtton of it occupied
<br /> oy the ( rossll1~, LIcensee shall at its sole ex peme. and wit h in thIrty O() I days after notice so I t1 do,l or upon shortrrrlOtice incase of
<br /> emergency), remove s;ud CrossIng, or as much of the Cro~\lI1g as is located upon that por!ion of the right of wav so required tw
<br /> Licensor. -. .
<br /> , (h) If I.it'ensl'c shall fail 10 perform any of its ohl1¡!alions contained in thi, a¡!reement lo the maintenance of safe
<br /> ~()nd 1l1(J¡IS In and it hout said C rossi ng or a~ to the protect ion (II wires t rom elcctric; I interference on Licensor's property or to ma "e
<br /> .J n\ nl'CCS,;t rv rCralb, (1 r to relocate sa Id ( ros'lI1g, then Llcen.,o r may cause such cond It Ion to he made sa fc. or cha n¡!e of 10ea lion
<br /> t.. hl' madc, I)r rep:.! I rs to he mad",. () r Crossing to he remO\ed t rom L lCensor's proper!\, LIcensor actl n g it s the aíèent of 1. ¡censee.
<br /> ;llId ma\ perl(1rrn such work as I' neCt:s,an In thl' Judgement of Licensor. and Licen~ee shal1. on de~and. pro'mpt!\, rellnhursl'
<br /> l.¡('ellsor lhl' wh..k cos! Ihere()L pIu, ten (](V¡) per cent thereon a, a char!!!.' for supervIsion. accuuntm¡.:, and w,,:of Iools: or
<br /> ~,Iccnsor m;ty lerm ma te t h h LIcense hy gi\1 nt! to L ICl'osee not Ie,s than 3 0 da~'s' advance \\Tltlen notice of Its Intention so to
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