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<br />PL X 980112
<br />Form Approved, A VP-Law
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<br />Section 10.
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<br />INDEMNITY.
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<br />(a) As used in thIS SectIon, "LIcensor" includes other railroad compames using the Licensor's
<br />property at or near the locatIOn of the LIcensee's mstallation and their officers, agents, and employees;
<br />"Loss" mcludes loss, damage, claIms, demands, actions, causes of actIon, penalties, costs, and expenses of
<br />whatsoever nature, includmg court costs and attorneys' fees, which may result from: (a) injury to or death
<br />of persons whomsoever (mcludmg the Licensor's officers, agents, and employees, the Licensee's officers,
<br />agents, and employees, as well as any other person); and/or (b) damage to or loss or destructIon of
<br />property whatsoever (mcludmg Licensee's property, damage to the roadbed, tracks, equipment, or other
<br />property of the LIcensor, or property m ItS care or custody).
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<br />(b) As a maJor mducement and in conSIderation of the license and permIssion herein granted, the
<br />LIcensee agrees to mdemmfy and hold harmless the LIcensor from any Loss whIch is due to or anses
<br />from:
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<br />1. The prosecution of any work contemplated by thIS Agreement including the installatIOn,
<br />construction, mamtenance,"fepaIr, renewal, modificatIOn, reconstruction, relocation, or removal of
<br />the PIpelme or any part thereof; or
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<br />2. The presence, operatIOn, or use of the PIpelIne or contents escaping therefrom,
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<br />except to the extent that the Loss is caused by the sole and direct neglIgence of the Licensor.
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<br />Section 11.
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<br />REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
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<br />Pnor to the termmatIon of thIS Agreement howsoever, the LIcensee shall, at LIcensee's sole expense,
<br />remove the PIpeline from those portIOns of the property not occupied by the roadbed and track or tracks
<br />of the Licensor and shall restore, to the satisfactIon of the Licensor, such portIOns of such property to as
<br />good a condItIon as they were in at the time of the construction of the PIpeline. If the Licensee fails to do
<br />the foregomg, the LIcensor may do such work of removal and restoratIOn at the cost and expense of the
<br />LIcensee. The LIcensor may, at its optIon, upon such termmation, at the entire cost and expense of the
<br />Licensee, remove the portIOns of the PIpeline located underneath its roadbed and track or tracks and
<br />restore such roadbed to as good a condItIon as it was in at the tIme of the construction of the Pipeline, or it
<br />may permIt the LIcensee to do such work of removal and restoration to the satisfaction of the Licensor. In
<br />the event of the removal by the Licensor of the property of the Licensee and of the restoration of the
<br />roadbed and property as herem prOVIded, the Licensor shall m no manner be lIable to the LIcensee for any
<br />damage sustamed by the LIcensee for or on account thereof, and such removal and restoratIon shall in no
<br />manner prejudice or impaIr any right of actIon for damages, or otherwise, that the Licensor may have
<br />against the LIcensee.
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<br />Section 12.
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<br />WAIVER OF BREACH.
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<br />The waIver by the LIcensor of the breach of any conditIon, covenant or agreement herem contained to be
<br />kept, observed and performed by the LIcensee shall m no way impaIr the nght of the Licensor to avail
<br />Itself of any remedy for any subsequent breach thereof.
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<br />plx.exb
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<br />Exhibit 8
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