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<br />PL X 980112
<br />Fonn Approved. A vp.Law
<br />w.th the entire value of such property.
<br />Section 9. RESTORATION OF UCENSOR'S PROPERTY.
<br />
<br /> In the event the Ucensor 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 cormection with the construction, maintenance. repair, renewal, modification.
<br />reconstruction, relocation or I'emoval 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 injUIy to or death of persons whomsoever. or damage to
<br />or loss or destruction of property whatsoever, when such injUIy, 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 />action 10. INDEMNITY.
<br />
<br />(a) As used in this Section, "Licensor" includes other railroad companies using the Ucensor's property at or near the location
<br />of the Ucensee'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 Ucensee's property. damage to the roadbed. tracks, equipment, or other property of the Licensor, or property in its care
<br />or custody).
<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 /> 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 /> 2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
<br />except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
<br />Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
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<br /> Prior to the termination of this Agreement howsoever. the Ucensee shall, at Ucensee's sole expense. remove the
<br />patine from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
<br />e satisfaction of the Ucensor, such portions of such property to as good a condition as they were in at the time of the construction
<br />the Pipeline. If the Ucensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
<br />expense of the Ucensee. The Licensor may. at its option. upon such termination, at the entire cost and expense of the Ucensee.
<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 />Section 12. WAIVER OF BREACH.
<br />
<br /> The waiver by the Ucensor of the breach of any condition, covenant or agreement herein contained to be kept. obsexved
<br />and performed by the Licensee shall in no way impair the right of the Ucensor to avail itseH of any remedy for any subsequent
<br />breach thereof.
<br />plx.exb Page30f4 Exhibit B
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