|
<br />PL X 960425
<br />Fonn Approved, A VP-Law
<br />
<br />with the entire value of such property.
<br />
<br />Section 9.
<br />
<br />RESTORATION OF UCENSOR'S PROPERlY.
<br />
<br />In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb
<br />any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification,
<br />reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's
<br />sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
<br />or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers,
<br />agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever
<br />nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to
<br />or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the
<br />king down of any fence or the moving or disturbance of any other property of the Licensor.
<br />
<br />~ction 10.
<br />
<br />INDEMNTIY.
<br />
<br />(a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location
<br />of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions,
<br />causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result
<br />from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's
<br />officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever
<br />(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care
<br />or custody).
<br />
<br />(b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to
<br />indemnify and hold harmless the Licensor from any Loss which is due to or arises from:
<br />
<br />1. The prosecution of any work contemplated by this Agreement including the installation, construction,
<br />maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part
<br />thereof; or
<br />
<br />2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
<br />
<br />except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
<br />
<br />Section 11.
<br />
<br />REMOVAL OF PIPE UNE UPON TERMINATION OF AGREEMENT.
<br />
<br />Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the
<br />)eline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
<br />~ satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction
<br />-- :he Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
<br />expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee,
<br />remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a
<br />condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and
<br />restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the
<br />restoration of the roadbed and property as herein 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 manner prejudice or
<br />impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee.
<br />
<br />Section 12.
<br />
<br />WAIVER OF BREACH.
<br />
<br />The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed
<br />and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent
<br />breach thereof.
<br />
<br />plx.exb
<br />
<br />Page 3 of 4
<br />
<br />Exhibit 8
<br />
|