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<br />PLX980112
<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, mcluding 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 ofthe LIcensor, or property in 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 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 mcluding 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 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 />Prior to the termmatIon of thIS Agreement howsoever, the Licensee shall, at Licensee's sole expense,
<br />remove the PIpelme 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 Pipelme. If the Licensee fails to do
<br />the foregoing, 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 termination, 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 PIpelme, 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 herein 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 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 herein contained to be
<br />kept, observed and performed by the Licensee shall in no way impair the right 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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