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<br /> . . ~, ~ Licen~c undertakes ;1nd :1grees. I t,).$L
<br /> , ,. 1. Spccifi~ation~: 'll' in~tal1 said Cro¡.~in~ 3ccl1rding. to the specifications of the American Railway En¡;inenln~
<br /> . ~.,.",C\.<::i.~"Üun P;'.rt 5. Plpehne¡., 1'hr: Crossing sbll ~ bid ::tnd main{:.!incd .3t th~ sole cost of licensee. and in a manner and.... Jlh
<br /> I1klh:nal !'atislactorV to I.lceO$or.:; Chid Encmeer. ....ith 1t:i\OP ¡It h::a~t jive and one-half (51,-:1 feet beneath the hase of the rail under
<br /> the track, and' at least five and one-half(5-l/2) feet below the surface of thë 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 t'Yenty-five (25 ') feet on each side of
<br /> the center line of any. such track.
<br /> :!. Pr~"ent Occupanh: Tll make: appropriate arran~ements with any person or legal entity occupying th~ prcmi~\:~
<br /> aftccted hereby pursuant to;l lea~c: CJr other perml~slon granted hy Licensor.:>o that Licensee's said Crossing will not unrca~onabl:
<br /> tnter1en: with the use of the: ~uo.ic:C't propcny, or create undue hardship on thl:' pe:r~on or legal entity occupym~ the prc:ml~C:~,
<br /> 3. Liability: Licensee hereby assumes the risk of, and agrees to ,indemnify and
<br /> hold harmless against all liability, damages, expenses, attorney I s fees, and costs for
<br /> juries to and deaths of persons whomsoever, including employees of the Licensor and
<br /> 1 :ensee, and damages to and destruction of property 'Whosesoever, including property of
<br /> 1 :ensor and Licensee, gro'Ying out of, incident to, or in any manner resulting during the
<br /> construction, of said Crossing on Licensor's right of 'Yay unless caused solely and directly
<br /> by the negligence of ~icensor, 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 of 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 whosesoever, including property of Licensor and Licensee, gro'Ying
<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. \\ ai\ ~r: To wai\ c: all right to question th~ valid ity of thi:; Licen~ or any of the terms or provisions hereof. or the righ t
<br /> 0" -ov.er of Licen~or to e:\c:cute and enforce the sam:::.
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<br /> ARTICLE Ill.
<br /> It is mutUaIl: agreed by and between the panics... as follows:
<br /> Lta) Rr:p:;¡irs and Reloc:;¡tion: Li~nSl:e will at all times maintain the Crossing in a safe and SC:CU1'C manner. and in a
<br /> condition satisfactory to Licensor, Licen!'or may request Licensee to change the location of the Crossing. or any part thereof. or to
<br /> make: rea~onable repairs a!' 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 hnes on
<br /> Ltcensor's right 01 way, and In the e\ent 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 !'ok expense. and within thirty (30) days after notice so to do. (or upon shonc!' notice in ca!'C of
<br /> emer~enc) 1. remove ~Id CrossIng. or as much of the Crossing as is located upon thaI portion of the right of way !\o rC:4uir~d h\
<br /> Llccn~or. .
<br /> (hI If Licemee !\hall fail to perform any of it~ obligations contained in this agreement to the maintenance: of ~fe
<br /> condition' In and ahout said Cro~~in!! or;ls 10 the protection of wIreS from c:lectrical interference on Licensor's property or to m;,¡~e
<br /> any nccc~....ary rep;llr~. or to rcl(lc;lte s:Jid Cro...).in~. then Licen~()r may cau~ !>uch conditIOn to he made ~fe. or change <If oca!lon
<br /> tn he made:. or rep.éilr' to he made:. or Cro~~ing to he removed from Llcc:n...or's propt:rt~, Llcen!'or actin!! a~ the a¡::ent of Liccn",'c
<br /> and 01:1: pcr orm ~uch .... (Irk a~ I' nece~~ry In thl: Judgement of Licensor. and Licensee shaH, on demand. promptl\' rclmhur'l:
<br /> Llceo'ur the: v. hole co~t thereol. plu' ten (10', I per ~'cnt therc:on as a char!!e for supcr\'I~lon. accllunllng, and u~~' oj lOot,: IIr
<br /> 1.lcen,('r m:IY tcrminate thl' Llcen~e hy !!i\ Ing to I.lccnsl:'c not less than 30 days' ad\'ance written notIce of Its intention ~O tn
<br /> do.
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