|
PL X 98011Z � G • �
<br /> Fotm Appvve4 AVP-Lw
<br /> Section 9 . RFS'1'C)RA'i'fC�TJ (�F i TC'.FN�OR PROPF�TY.
<br /> In the eveni the Licenwr authorizes the Licensea to talrs down �y tance of the Licensor or in �y m�r�er move
<br /> or disturb �}► of the other property of the licsnsor in conr►ection with the conatruction, mmnten�rce, r8pmr, renewal,
<br /> modification t+econstructior�, rebcation or rea�anral of the Pipeline, then in that ev�ent the Licensee ahall, cs soon as pos�ible
<br /> �d at licensee� sole e=pense, restore such fence �d other property to the s�ne condition Qs the s�ne were in before
<br /> such fence w�s tck�en doam or such other property wos mcved or disturbed, �d the Licensee ,hall indemnify �sd hold
<br /> h�iless the Licensor, its officen, agenta �d employees, agmnst �d from �}► �d all liability, loss, d�nages, clmms,
<br /> dem�ds, costs �d e�ensea of wl�atsoever rnt�a+e, it�cludir�g couri costs �sd attorneys' fees, which may result from injury
<br /> to or death of persons whomsoever, or d�nage to or loss or des�wction of properiy whatsoever, when such injury, death;
<br /> d�n�ge,1osa or destruction grows out of or �iaes from the taldng doavn of �y► fence or the moving or disturb�ce of �y
<br /> other properiy of the Licenaor.
<br /> Section 10. �.
<br /> a) As used in this Sectyon, Zicensor' includes other rmlroad compcmies using the Licensor's property at or ne� the
<br /> location of the Licensee's instQllation �d their officers, agents, �d employees; 'tass' includea loss, d�nage, clmma,
<br /> dem�ds, actions, causes of action, penalties, coats, �d ezpense� of whatsoev�er nature, includirrg couri coats �d
<br /> attorneys' fees, which may result from: a) injury to or death of persona wh�oauoever (includir►g the Licensor's officers,
<br /> agents, �d employees, the Licensee's officers, agents, �d employees, as well as �y other penor�; �sd/or b) d�nage
<br /> to or loss or destruction of property whatsoever (irrludirg Licensee's properiy, d�nage 10 the roadbed, tracks, equipment
<br /> or other property of the Licensor, or property in its c�e or custody).
<br /> b) As a major inducement �d in consideration of the license �d permission herein gr�ted, the Licensee agrees
<br /> to indemnify �d hold h�xnless the Licensor from �► Loss which is due to or �ises from:
<br /> 1. The prosecution of �y work contemplated by this Agreement including the installation, conatruction,
<br /> mmnte�re, rspmr, renewQl, modification, reconstruction, relocation, or removQl of the Pipeline or �}►
<br /> p�t thereof; or
<br /> 2. The presence, operation, or use of the Pipeline or contents escaping thereErom,
<br /> except to the extent that the Loss is caused by the sole �d direct negligence of the Licensor.
<br /> Section 11. RFMOVi� OF PIPE L-�!?�' t?�N TII�ivm�►ATION OF AGRIDvIDdT.
<br /> Prior to the termirnation of this Agreement howsoever, the licenaee shall, at Licenaee'� sole ezpense,
<br /> remwe the Pipeline from those poriions of the property r�ct xcupied by the roadbed �d track or tracks of the Licensor
<br /> �d shall restore, to the aatisfaction of the Licensor, such portions oi such properiy to cs good a condition cs they were
<br /> in at the time of the construction of the Pipeline. If the Licenaee fmis to do the foregoing, the Licenaor may do such work
<br /> of remavQl �d restorati�on at the cost �d �zpense of the lioernee. The Licensor may, at its option, upon such terrnir�ation,
<br /> at the entire cost �sd e�ense of the Licensee, remove the portions of the Pipaline located ur�derneath its roadbed �d
<br /> track or tracl� �d restore such roadbed to cs good a condition as it was in at the time of the construction of the Pipeline,
<br /> or it may persnit the licensee to do such work of remawl �sd restoration to the satisfaction of the Licensor. In the event
<br /> of the remaval by the licensor of the property of the Licensee �d of the restoration of the roadbed �d property cs herein
<br /> pravided, the Licensor shall in no m�rier be licble to the licensee for �► dcanage sustmned by the Licensee for or on
<br /> accoimt thereof, �d such reaional �ci reatoration shall in no m�ner prejudice or impmr �y right of action for d�nagea,
<br /> or otherwise, that the Licenaor may have agmnat the Licensee.
<br /> Section 12. WAN� OF BAEACH.
<br /> The w�ver by the Licensor of the breach of �}► condition, cov�er�t or agreement herein contmned to be kept,
<br /> observed �d performed by the Licensee shall in no way impmr the right of the Licensor to avcul itaelf of �y remedy for
<br /> �y subsequent breach thereof.
<br /> plx.e� Pa�e 3 af 4 Fadu'bit B
<br />
|