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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 m this SectIOn, "Licensor" includes other railroad companies usmg 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) mJury to or death
<br />of persons whomsoever (mcluding 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 herem granted, the
<br />Licensee agrees to mdemnify and hold harmless the LIcensor from any Loss which is due to or arises
<br />from:
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<br />1. The prosecutIOn of any work contemplated by thIS Agreement mcludmg the installatIon,
<br />constructIon, mamtenance, repaIr, 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 PIpelme or contents escapmg 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 terminatIon 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 m at the tIme of the constructIon of the Pipehne. 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 PIpelme located underneath its roadbed and track or tracks and
<br />restore such roadbed to as good a condItIon as It was m 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 in 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 m no
<br />manner preJudIce or ImpaIr any nght of actIon for damages, or otherwIse, that the LIcensor may have
<br />agamst 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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