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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" mcludes other railroad companies 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, 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 (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 m consideration of the hcense and permISSIOn herem granted, the
<br />LIcensee agrees to indenmIfy 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 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 Pipehne or contents escaping therefrom,
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<br />except to the extent that the Loss IS caused by the sole and dIrect neghgence 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 m at the time of the construction of the PIpeline. If the LIcensee falls 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 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 herein proVIded, the Licensor shall m no manner be hable 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 herein contamed to be
<br />kept, observed and performed by the Licensee shall m 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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