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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 compames usmg the Licensor's
<br />property at or near the locatIon of the Licensee's installation 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, mcludmg 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 (mcludIng 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 m 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 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 />Pnor 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 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 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 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 sustaIned 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 />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 contamed 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 B
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