Laserfiche WebLink
<br />JK- <br /> <br />2-12-82 <br /> <br />existence of said Drainage Facility shall flow upon the lands, crops or improvements <br />of any person or party; provided, however, the foregoing indemnification provisions <br />shall not apply to any claims, suits, damages, costs, losses and expenses for which <br />Railroad shall have been compensated through insurance required of Licensee's con- <br />tractor as per Sections 5 and 6 hereof. <br /> <br />9. This agreement shall begin with the date first hereinabove written and <br />continue thereafter for so long as Premises shall be used for the purposes set forth <br />herein; provided, however, if Licensee shall abandon the use of Premises, or any part <br />thereof, for such purposes, this license and permission and the rights and privileges <br />granted hereby as to the portion or portions so abandoned shall expire and terminate <br />at the time each such portion shall be so abandoned; whereupon Railroad shall have the <br />same complete title to Premises so abandoned as though these presents had never been <br />executed and the right to enter thereon and exclude therefrom Licensee, its successors <br />and assigns. <br /> <br />10. No damages shall be recoverable from Railroad because of any dispossession <br />of Licensee or because of any failure of, defect in or extinction of Railroad's title. <br /> <br />11. This agreement and all of the covenants and conditions hereof shall inure <br />to and bind each party's successors and assigns. Either party hereto may waive any <br />default at any time of the other without affecting, or impairing any right arising <br />from, any subsequent or other default. <br /> <br />12. Licensee, when returning this agreement to Railroad (signed), shall cause <br />same to be accompanied by such order, resolution, or ordinance of the governing body <br />of Licensee, passed and approved as by law prescribed, and duly certified, evidencing <br />the authority of the person executing this agreement on behalf of Licensee with the <br />power so to do and which shall certify that funds are available and have been appro- <br />priated for the payment of any sums agreed to be paid by Licensee hereunder. <br /> <br />IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as <br />of the day and year first hereinabove written. <br /> <br />ATTEST: <br /> <br />MISSOURI PACIFIC RAILROAD COMPANY <br /> <br /> <br />By <br /> <br />'K.. 'K.~~~1~ <br />Vice President <br /> <br />ATTEST: <br /> <br />CITY OF SAN MARCOS (TEXAS) <br /> <br />By ~-:; cQ... <br /> <br />/ Mayor <br /> <br />"'~ <br /> <br />7 <br /> <br /> <br />- 4 - <br /> <br />8_' <'3 1 r ') <br />l.. (. . . {J """ <br />