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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 compames 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 (includmg 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 (includmg 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 herein granted, the
<br />LIcensee agrees to mdemmfy 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 including the installatIOn,
<br />constructIon, mamtenance, repair, renewal, modIficatIon, reconstruction, relocation, or removal of
<br />the Pipeline or any part thereof; or
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<br />2. The presence, operatIon, or use ofthe 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 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 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 m 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 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 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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