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Show PIPE LINE AGREEMENT 7. LIABILITY: The Licenaee shall indemnify and hold harml~ss the Railroad Company from aDd aiainst any and all damages, claim:!, demands, actions, causes o{ actioD, COIta aDd expenses of who.tsoever no.ture which may re.ult from the death of or inJW'1 to an, penon whomsoever, or (rom the 101la of or dama1E'8 til property of aDy kiDd or utun, includlIllr daIl1lljft! to the roadbed, trncka, equipment or other propel't7 of the RaIlroad Company, when such death, Injury, loss or damage ia due to the exiatence of aaid pipe lino or to tho construction, maintenllnce, opero.tlon, repair or :-enewal, thereof, or to the contenta therein or therefrom. 8. DISUSE OF PIPE LINE: Disuse of said pipe line for the purpose {or which It wall originally eonatnJcted contin~' In&, lot any time for a period of one year, shall constitute an abandonment thereof by the Licenaee and of the &"rant herein made, and in case of luch an abandonment or the breach by the Licensee of any of the condition:!, agreemenl$ and covenant. herein contained, the Railroad Company shall have the right tc. terminate thia al:l'"ment at any time by a-ivinlr thirty (30) days notice in writing to the Licenaee of ita Intention to terminate tho same, and at the expiration of said thirty (SO) da)'l notice the license herein granted shall terminate unci be a!: an end, and the Licensee shall be without ~ourso or redre/ls of any chamt·ter aiainst the Railroad Company bl te:&:!on thereof. 9. REMOVAL OF PROPERTY OF LICENSEE: Within dftcen (16) dayu aitu the termination of this agreement howaoever, the Licensee shall remove all property of the Licensee herein provi"ed for frolJ\ that POrtiOD t·; til t' right of way of the Railroad Company not occupJl!d by the said roadbed and track!!, a od shall restore the lIame to ita oriiPnal conditio.~ i;O the satisfaction of · the Railroad 'Company; and if the Licensee fails 110 to do the Railroad Company may do such work ilf removal and restoration at the cost and e:::qlen8e of the LietmMe. Th, Railroad Company may. at it:! option. upon luch termination, at the entire cost aDd expen:!e of the Licenllee, remove that portion of said pipe line located andel'1leath uJd roadbed and trackll and restore said roadbed to Ita original condition, or it may permit the Licenaeo to do such work of removal and restoration under the .aperTialon of. the Railroad Company; and ID the event of the removal by the R&Uroad Comp&D7 of .tM property of the Licensee .. herein provided; and of the restoration of ..Id rcx.dbed aud right of WIly to their former condition, the Railroad Comp_ny shall In no manner bt liable to the Licensee for any damaa• . aa.atalned .hJ' .. the Ueen- .Jor .o&: ;: ~ ;.acecl1mt . thereof, and such remoTaI and rMtontlOn ibaII · 1D 'Do ' m&DDa" PjUd!eeor :lmpatr::aiiJ·. rilrht ::-! act10n tor damaa- or otherwiae ~t the Railroad Comii&D7 m&7 baT.ap1nat the Ue~. . . . t.. Ollt AGRREMKNT NOT TO BB ASSIGNED: The Lkcnaee ahall DOt uaip iliia ~tor IUI.7 of the n.hta hereuDder withthe ~nMDt. in wri~. of the RaUroad Comp&JlY fboat had and obtalDed. 11. BFFBCl1VB DATB: This Agreement Ihall be e.t!ective from and after the day and date fint hereinabove written and .hall continue in fall force and effect until terminated all provided, and all of the covenanta, agreements and conditions herein contained on the part of the Licensee to he kopt, oblerved aDd performed shall attach · to and run with the ·. yatem 01 which said pipe line la a part. 3 |
