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<br /> 0 ," "Licensee. undertakes and agrees: /D2L
<br /> /'", . , 1. Specifications; To ;.nstall said Crossing. according 10 the specifications of the American Railway Engineering
<br /> Association P;:.rt 5, Pipelines. The Crossing. shall be laid and maintain~d at the sole cost of Licensee. and in a manner and with
<br /> material satisfactory to Licensor's Chief En!:!ineer. with its top at least five and one-half (51¡~ ') feet beneath the bê:se of the.rail u.nd~r
<br /> the track, and at least five and one-half(S-1/2) feet below the surface of the ground
<br /> elsewhere, so it will not interfere with the safe operation of said railroad or cause
<br /> damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it
<br /> passes under any railroad track, and for at least twenty-five (25 t) feet on each side of
<br /> the center line of any such track.
<br /> 2, Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
<br /> affected hereby pursuant to a lease or other permission granted by Licensor. so that Licensee's said Crossing will not unreasonably
<br /> interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
<br /> 3. Liability: Licensee hereby assumes the risk of, and agrees to indemnify and
<br /> t d harmless against all liability, damages, expenses, attorney's fees, and costs for
<br /> " uries to and deaths of persons whomsoever, including employees at the Licensor and
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<br /> L-_ensee, and damages to and destruction of property whosesoever, including property of
<br /> Licensor and Licensee, growing out of, incident to, or in any manner resulting during the
<br /> construction, of said Crossing on Licensor's right of way unless caused s;ol.eJ y and directly
<br /> by the negligence of Licensor, its agents or employees. In addition, Licensee shall reimburse
<br /> Licensor for any damages or repairs to Licensor's property made necessary by acts of
<br /> vandalism or the like resulting in any manner whatsoever from this License during construc-
<br /> tion of said Crossing as well as during maintenance, operations, and use of said Crossing.
<br /> Upon completion of construction and during the entire remaining period of this'
<br /> License agreement including extensions, if any, to include but not be limited to the
<br /> maintenance, operation, use and presence of said Crossing on Licensor's right of way,
<br /> Licensee hereby assumes the risk "0 f and agrees to hold Licensor harmless against, all
<br /> liability, damages, expenses, attorney's fees, and costs for injuries to and deaths of
<br /> persons whomsoever, including employees of Licensor and Licensee, and. damages to and
<br /> destruction of property whosesoev.e.r, including property of Licensor and Licensee, growing
<br /> out of, incident to, or in any manner resulting from negligence of Licensee in any manner
<br /> whatsoever to include but not be limited to Licensee's sole negligence and/or joint.
<br /> negligence, but in respect to joint negligence this indemnity shall only apply to that
<br /> percentage of negligence actually attributable to Licensee, its agents or employees. In
<br /> addition, it is further agreed that this indemnity provision is not applicable in regard to
<br /> negligence solely and directly caused by Licensor, its agents or employees.
<br /> 4. 'Wah er: To wai\e all right to 4uestion the validity of this License or an... of the terms or provisions hereof. ortht: ril!ht
<br /> ( ower of Licensor to execute and enforce the same.' ~
<br /> ARTICLE Il1.
<br /> It is mutually agreed by and between the parties, as follows:
<br /> I.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
<br /> condition satisfactOry to Licensor. Licensor may request Licensee to change the location of the Crossing, orany part thereof. or to
<br /> make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
<br /> or operation of Licensor's railroad, or any of its .present or futUre appurtenances. or telegraph. telephone, signal or other lines on
<br /> Licensor's right of way, and tn the event it is found necessary for Licensor to use its entire right of way. or any portion of it occupied
<br /> by the Crossing. Licensee shall at its sole expense. and within thirty (30) days after notice so to do. (or upon shorter notice in case of
<br /> emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
<br /> Licensor.
<br /> ., (b.J If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
<br /> conditIOns In and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
<br /> any necessary repair~, or to relocate said Crossing, then Licensor may cause such condition to be made safe. orchange of location
<br /> to he made. or repairs to be made. or Crossing to be removed from LIcensor's property, Licensor acting as the agent of Licensel:.
<br /> and may perform such work as is necessary in the judgement of Licensor. and Licensee shall, on demand, promptly reimburse
<br /> Licensor the whole cost thereof. plus ten (I OÇ() per cent thereon as a charge for supervision. accounting. and use of tools: or
<br /> Licensor may terminate this License by giving to Licensee not les sthan1hirty (30) days' advance written noticeC
<br /> of its intention so to do.
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