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Show PIPB LINK AGREEMENt and performed; it being hereby stipulated that a 'I1raiver by the Railroad ~mJ16117 01 any bresch of any such conditions, covenanta and a~menta .hall in no W'a'1 Impair the right of the Railroad Company to avail itself of any .ubsequent bruch thenoL 2. SIZE AND KIND OF PIPE: The said pipe line where it crouu cmdernuth the said roadbed and track transite sewer pipe with I1n internal diameter of four 14~ incfes en~s~i in 30 g~go~~~\~o ~~~}caRlI~~j'lan~ ma~I?aui~~te~ an ~va~1ttal the top thereof ahall not bo IG&ls thaD 3.5 feet below shall be constructed of tho bue of tho r:eJlo of SQld truclx S LICENSEE TO BEAR ENTIRE EXPENSE: The Licen8eo shall benr the entire coat IlIld expense in connection with the ~n· etruction, maintenance, repair or renewal of aald pipe line, includillg any and all expen!le which mllY be incurred by the Railroad Company in connection therewith for ~u pe r vi sion, inspection, or otherwiae; but all the worle upon the lame within the liIlDita of the ril{ht of way of the Railroad Company shall be done under the direction of and Cil'co~ciin&, to the plane and . specifications approved by the RailroAd Company. 3. I~ . PEJU1lT SUBJECT TO NEEDS OF RAILROAD COMPANY: Th.., Rnilroad Company notwithatanding the Aforeasid grant ahall have the right to retain it:! existing' trackS at and in the vicinity of Mid pipe Uno ill their present location S , and nothing shall be done or suffered to be done by the LiceDMt lit any time that shill! iII any IIl.aJmer impair the usefulness or wety oflach track:3 , or of any other tnckll that may hereafter be cozutruc:ted within the iimita of aaid ri::ht of way; and the Railroad Company reserves and shall han the rlcht at &n7 and I1Il times to Dltlke 8uch ChanSCCI in said e.xiating trackS and ItnJCtnru, Or In tlM prelSent lIt.andllnl thtlreof, and to conltruct, maintain and operate Iuc:h additJOD&l tracb or etructuru where aaid pipe Une La to be conatruc~ and IICI'ON · the 11l1li" &!! from time to time It may elect; and the Licensee ·.hall bM.r tlM apeDM of mo~, removing or maldnir such modi1lcatJon. in aaid pipe line .. mq be required by &be R2ilroad Company in connectioD with luch changea ill aald trac:k8 and ItruettllW, or ill the present standard thereof, and IUch additional t:raeb or structure.. The c.bliption of the Licenaee in thil ~me.Dt pruc:ribed with reference to the maintenance, r~pllir Ilnd renewal of aald pipe line aa originally eoDatnacted shall appJ;, to IlUd pipe lli,e aa relocated, changed or modified within the CODtemplatiOD of thfa I«tioo. G. PIPE LINE NOT TO INTERFEllB WITH OPERATION OF RAILROAD: The BAid pipe Une and all parts thereof withill aDd out.lde of the llmJt:a of the right of way and premises of the Railroad Company, .hall be ' CODItrueted · and at aD times maintailled, repaired, renewed aDd operated b7 the Licensee ' in .uch a mlDDI.:! I\lI to cause DO interference whataoever with the conltant, continuoUi and miliIternJpWd use of the tracla, property and premiaea of the RaUroe.d Compa!lY, both as reprda operation, maintcance, repain or renewals, or pouibl. ~W' cozutruet1oa b7 tlae Railroad Comp&n7_ I. SALE OF IUGHT OF WAY: In the eYent the Railroad Company shall diapoae of &n7 portion of ita propertJ un which the pipe Une fa located as herein provided, the richt or Ucen" herein irl-nllt.ci, with respect to such portion of the pipe Une at' mar be located OIl the property of tM 3.ailroad Company 10 dillpoaed of, .hall forthw lth CUM and determine. 2 |
