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<br />ARTICLE II.
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<br />l.icensee undertakes and agrees:
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<br />I. Specifications: To install said Crossing according to the specifications of the American Railway Engineerin)!
<br />A~"oClatlOn Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
<br />I :nal satisfactory to I.icensor's Chief Engineer, with its topat least five and one-half(5Y{) feet beneath the base of the rail under
<br />I rack, a nd at least three (3 ') feet below t he surface of the ground elsewhere, so it will not interfere with the safe operation of sa Id
<br />load or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
<br />track. and for at least twenty-five (25') feet on each side of the center line of any such track.
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<br />2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the preml~e~
<br />a llected hereby pur~uant to a lease or other permission granted by Licensor, so that L.icensee's said Crossing will not unreasonahl\
<br />Interlere with the use of the subject property, or create undue hardship on the person or legal entity occupying the prellll~C~
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<br />3. Liability: Licensor ~hall not be liable for any damage to said Crossing or the contents thereof. howsoever such dama!!c
<br />~ha II be caused, whether by t he negligence of Licensor, its agents, employees, or otherwise.
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<br />Licensee assumes the risk of, and shall protect, indemnify ,'nd hold harmless Licensor from and against all liability for or
<br />Oil account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting lrom
<br />or IIlCldent to the const ruct ion, maintenance, use, operation, relocat ion, reconstruction or existence of said Crossing on L in:n~or'~
<br />r)lcml~e~. or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prIOr UI
<br />uther condition as herein provided, whether such injury. death or damage shall be caused or contributed to by the negligence ul
<br />llcell~ur, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any other~
<br />Ie)!ally u~in)! its nght of way, from all claims, demands, suits or actions growing out of any such loss, injury or demands. includllll!
<br />11l\l,~ti)!ation costs. court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Lieen~ee
<br />I Icemec further agrees to immediately investigate any such claims. demar'h, or suits and shall defend, settle, and! or otherwi~e
<br />d"pose uf the ~ame at its sole eost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtall1;1
<br />rclea~e which Include~ l.icensor.
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<br />Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensl't.' n1;l\
<br />suller or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or all\ P;III
<br />t hereo!.
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<br />4. Wainr: 10 waive all right to Ljuestion the validity of this License or any of the terms or prO\ iSlOns hereof. or tilL' rl!!ilt
<br />"'Dower olLlcen~or to execute and enforce the same.
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<br />ARTICLE III,
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<br />It is mutually agreed by and between the parties, as follows:
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<br />I.(a) Repairs and Relocation: l.icensee will at all times maintain the Crossing in a safe and secure manner, and 111 ;1
<br />cond It Ion satisfactory to Licensor. l.icensor may req uest Licensee to change the location of the Crossing, or a ny part thereof. or tu
<br />make reasonaolc repair~ as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
<br />(lr operatiOn of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone. signal or other line~ Oil
<br />licensor's right of way. and in theevent it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
<br />hy t he Crossing, Licensee shall at its sole ex pense, and within thirty (30) days after notice so to do, (or upon shorter notice in ca~e ul
<br />L'rnergency). remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so reLjull\:d h\
<br />I Icen~or.
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<br />(0) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of sate
<br />cOlld it Ions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to ma "L'
<br />a IlV necessary repairs, or to relocate said C rossing, then Licensor may cause such condition to be made sa fe, or change of loca t Il) II
<br />10 be made, or repairs to be made, or Crossing to be removed from Licensor's property, licensor acting as the agent of Licensee.
<br />and may perform such work as is necessary in the judgement of Licensor, and licensee shall, on demand, promptly reimhlll~L'
<br />I Icen~or the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of took or
<br />I Icen~or may terminate this License hy giving to licensee not less than ten (10) days' advance written notice of its intention ~o to
<br />du.
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<br />2. Termination: Licensor may terminate this License upon ten (10) days'written notice if Licensee fails to keep a n\ 01
<br />I Icen~ee's covenants herein contained, or if the right of way is reLjuired for other purposes by Licensor, and no reimbur~emenl
<br />~ilall be made tor Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. Nu
<br />'1l1lOatlOn or ex pirat ion shall affect the rights and liabilities, if a ny, of the parties hereto then existing.
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<br />3. Restoration: lIpon the termination of this agreement, whether in accordance with the provisions of Paragraph I ul
<br />ArtIcle I, or Paragraph 2 or 4 of Article III, or otherwise, Licensee shall promptly remove said Crossing from Licensor's rl)!ht 01
<br />way. and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to renl\l\L'
<br />~ald Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and char)!c the
<br />expense therc\or to the Licensee on the hasis provided in Paragraph I(b) of Article III.
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