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<br /> licensee undertakes and agrees.
<br /> I. Spt'cifiC'ations: 1 u ¡n!otal! said Cro~sin!! according to the specifications of the American Railway En~inecring
<br /> A~sociation P;-.rt 5. Pipehne~. The Crossing sh¡11I hI.' laid and maintained at the sole cost of Licensee. and in a manner and with
<br /> n rial satislactory to l.icensor\ Chief Encineer. with its top at least jive and one-half (51,.~ ') feet beneath the base (It the rail un<kr
<br /> t! track, and at least five and one-half(5-l/2) feet below the surface of the ground
<br /> e~_!where, 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 /> 1. Prt"it'nf Occupants: T(\ make ¡¡ppropriate arrangements with any person or legal entity occupying the premi~c~
<br /> ;Iflected herehy pursuant to a lea~e or other permlSSlC\n granted by Lièensor. so that Licensee's said Crossing will not unrea~onabl~
<br /> mterlen: with the use of the !ouo.iect property, or create undue hardship on the per!oon or legal entity occupym~ the premises.
<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 of 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 /> 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 /> 1 )ility, damages, expenses, attorney's fees, and costs for injuries to and deaths of
<br /> p .30ns whomsoever, including employees of Licensor and Licensee, and damages to and
<br /> d__truction 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, \\aher: To wai\e all right to 4uestion the validity of this License or any of the terms or provisions hereof. orthe right
<br /> or pov.er of Licensor 10 e.\Ccute and enforce the ~3me.
<br /> ARTJCLE III.
<br /> It is mutualJ) agreed by and between the parties. as follows:
<br /> I.ta) Repairs and Relocation: Licensee will at all 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 he 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. s,gnal or other hnes on
<br /> Llcen~or"s right 01 way, and 10 the even! it is found necessary for LIcensor to use its entire right of way, or any portion of it occupied
<br /> hy the Crossing. Licensee shall at its sole ex pense. and within thirty (30) days aller notice so to do, r or upon shorter notice in case of
<br /> emer!-!ency). remove ~ald Crossing. or as much of the Crossing as is located upon thai portion of the right of way so re4 uired h~
<br /> L '~'LOhOr.
<br /> . (hi If Licensee shall fail to perform any of it~ obligatiom contained in this a~reement to the maintenance of ~afe
<br /> C< 111o", In and anout !laid Cros~in~ or as to the protection of WIres from electrical interference on Licensor's property or to malo..e
<br /> any nt:cc!\,ary rcpalrs, or to relocate said Cro\sin!!. then Licemor may cause such conditIOn to he made safe,or change (If !ocatlon
<br /> to he mad\.:. or repair, 10 he made. or Crossing to he removed from LIcensor's propert). LIcensor actin!! a~ the a~enl of Licen'c~'.
<br /> and ma\ pn orm ~uch worlo.. as I!\ nece~san' In thl.' ludgement of Licensor, and Licemee ~ha!l. on demand. prompl!\ relmhur,e
<br /> llt'cn,ltr thl.' v. hole (osl I hereot. rlu, ten (101, I per cent I hereon as a cha rge or supervl~lon, accounting. and Ust.:' of took or
<br /> Llccn,pr may terminate I h" License by 1!i\ Ing 1(1 LIcensee nolless than 30 day~' advance Wnllen nOUce of il~ intention so (0
<br /> do.
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