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<br /> PL E 940207
<br /> Form Approy'ed, AV?-Law
<br /> Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT.
<br /> Prior to the termination of this Agreement howsoever, the Licensee shall,
<br /> at Licensee's sole expense, remove the Pipeline from those portions of the property not
<br /> occupied by the roadbed and track or tracks of the Licensor and shall ~estore, to the
<br /> satisfaction of the Licensor, such portions of such property to a~ good a condition as
<br /> they were in at the time of the const~ction of the Pipeline. If the Licensee fails
<br /> to do the foregoing, the Licensor may do such work"ofremoval and restoration at the
<br /> cost and expense of the Licensee. The Licensor may, at its option, upon such
<br /> termination, at the entire cost and expense of the Licensee, remove the portions of the
<br /> Pipeline located-underneath its roadbed and track or tracks and restore such roadbed
<br /> to as good a condition as it was in at the time of the construction of the Pipeline,
<br /> or it may permit the Licensee to do such work of removal and restoration to the
<br /> satisfaction of the Licensor. In the event of the removal by the Licensor of the
<br /> property of the Licensee and of the restoration of the roadbed and property as herein
<br /> provided, the Licensor shall in no manner be liable to the Licensee for any damage
<br /> sustained by the Licensee for or on account thereof, and such removal and restoration
<br /> shall in no manner prejudice or impair any right of action for damages, or otherwise,
<br /> that the Licensor may have against the Licensee.
<br /> Section 12. WAIVER OF BREACH.
<br /> The waiver by the Licensor of the breach of any condition, covenant or
<br /> agreement herein contained to be kept, observed and performed by the Licensee shall in
<br /> no way impair the right of the Licensor to avail itself of any remedy for any
<br /> subsequent breach thereof.
<br /> Section 13. TERMINATION.
<br /> (a) If the Licensee does not use the right. herein granted or the Pipeline for
<br /> one (1) year, or if the Licensee continues in default in the performance of any
<br /> covenant or agreement herein contained for a period of thirty (JoO) days after written
<br /> notice from the Licensor to the Licensee specifying such default, the Licensor may, at
<br /> its option, forthwith immediately terminate this Agreement by written notice.
<br /> (b) In addition to the provisions of subparagraph (a) above, this Agreement may
<br /> be terminated by written notice given by either party hereto to the other on any date
<br /> in such notice stated, not less, however, than thirty (30) days subsequent to the date
<br /> upon which such notice shall be given.
<br /> (c) Notice of default and notice" of.. termination may ,be, seI;ved personally upon
<br /> the Licensee or by mailing to the last known address of the Licensee. Termination of
<br /> this Agreement for any reason shall not affect any of the rights or obligations of the
<br /> parties hereto which may have accrued, or liabilities, accrued or otherwise, which may
<br /> have arisen prior thereto.
<br /> Section 14. AGREEMENT NOT TO BE ASSIGNED.
<br /> The Licensee shall not assign this Agreement, in whole or in part, or any
<br /> rights herein granted, without the written consent of the Licensor, and it is agreed
<br /> that any transfer or assignment or attempted transfer or assignment of this Agreement
<br /> or any of the rights herein granted, whether vo l untary, 'by operation of law, or
<br /> otherwise, without such consent in writing, shall be absolutely void and, at the option
<br /> of the Licensor, shall terminate this Agreement.
<br /> Section 15. SUCCESSORS AND ASSIGNS.
<br /> Subject to the provisions of Section 14 hereof, this Agreement shall be
<br /> binding upon and inure to the benefit of the parties hereto, their heirs, executors,
<br /> administrators, successors and assigns.
<br /> Exhibit a
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