|
�.X���s 7 G -16
<br /> Form Appvwd. AVP-Lw
<br /> Section 9. BES'l�DRATION OF TCEN�R'S PROPII3TY.
<br /> In the sver�t the Licensor authorizes the Licensee to talrs down �}► fence of the licensor or in �y m�u�er mrnre
<br /> or disturb �y of tha othsr properly of the licensor in conr�ection with the constructior� mmnters�yce, repmr, renewal,
<br /> modification recons�vctior�, rebcation or ron�o�al of the Rpeline. tl�en in that event the licensee shall, as soon as posaible
<br /> �d at L�cenaee'a aole ezpsnse, restore such fer�ce �d other property to the s�ne condition as the s�ne were in before
<br /> such fence wcs taken down or such other property wos maved or disturbed, �d the Licensee shall indemnify �d hold
<br /> h�mless the Licensor, ita officers, agenta �d employees, agmnst �d �om �}► �d all liability, loss, d�nages, clmms,
<br /> dem�ds, corts �d ezpenses of whatsoever mria�e, includirr,� oourt costs �d attomeys' fees, which may result from injury
<br /> to or death of persons whomsoever, or d�nage to or loss or destruction of properiy whatsoever, when such injury, death
<br /> d�nage, bsa or desh�uc.-tion grow� out of or �iaes from the taldr� down of �yr fence or the moving or disturb�ce of �y
<br /> other properiy of the Licensor.
<br /> Section 10. j��.
<br /> a) As used in this Section Zicenaor' includes other rmlroad comp�ies using the Licensor's property at or � the
<br /> location of the Licensee'a installation �d their officen, agents, �d employees; R.oss' includes losa, d�nage, clmms,
<br /> dem�ds, actions, causea of action, pen�alties, costs, �d ezpenses of whatsoever nature, including court costa m�d
<br /> attorneys' feea, which may result from: a) injury to or death of persons whomsoever (irrcludirig the Licensor's officers,
<br /> agents, �d employees, the licensee"s officers, agents, �sd employees, as well as m�}► other penor�; �sd/or b) d�nage
<br /> to or loss or destruction of properiy whatsoexer (includir� licensee's property, d�nage to the roadbed, traclrs, 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 Licenaee agrees
<br /> to indemnify m�d hold h�rtiless the Licensor from mzy Loss which is due to or �ises from:
<br /> 1. The proaecution of �}► work contemplated by this Agrsement including the inatallation, construction,
<br /> m�ntei�ce, repmt. rer�ewQl modification, reconstruction, relocction, or remo�ral of the Pipeline or �y
<br /> p�t thereof; or
<br /> 2. The presence, operation, or use of the Rpeline or conten4 escaping therefrom,
<br /> except to the eztent that the Losa is caused by the sole �d direct negligence oi the Licensor.
<br /> Section 11. RF'IvtOV1�1 OF PIPE 1 t�rF 1 TP[�N TII�T�^";ATIOIvT OF AG°�!z'"*!'
<br /> . Prior to the termination of thia Agreement howsoe�ver, the licensee ahall, at Iicenaee'a sole ezpenae,
<br /> remwe the Pipeline from those portions of the property not xcupied by the roadbed �d track or traclrs of the Licenaor
<br /> �d shall restore, to the satisfaction of the Licenaor, auch portions of such property to cs good c condition cs they were
<br /> in at the time of the constru�ction of the Pipeline. If the Licensee fmis to do the foregoing, the Licen�or may do such work
<br /> of rernawl �d restoration at the oost �d espense of the Iyoenoee. The Licensor may, at ib optioa upon such termir�ation,
<br /> at the entire cost �d ezpenae of the Licenaee, remove the portions of the Pipeline located undemeath its roadbed �d
<br /> track or h�c1� �d restore such roadbed to as good c condition as it was in at the time of the construction of the Pipeline,
<br /> or it may permit the Licensee to do su�ch worlc of removal �d restoration to the satisfaction of the Licensor. In the ev�ent
<br /> of the renvwol by the L'ccanscr of the property of the Licensee �d of the restoration of the roadbed �d property aa herein
<br /> provided, the Licensor ahall in no m�u�er be liable to the Licensee for caiy► d�nage sustmned by th,e Licensee for or on
<br /> acco�t thereot, �d such ren�wal �ci restoration shdl in rw m�u�er prejudice or impmr �}r right of action for d�nages,
<br /> or otherwise, that the Licensor may have agmnst the licenaee.
<br /> Section 12. WANII3 OF B�A�,
<br /> The w�ver hy the Licensor of the breach of �y conditior� cover�t or agreement herein contmned to be ]rept,
<br /> °bser�ed �d Performed b}' the Licensee sha11 in no way impmr the right of the Licenaor to avml itaeli of �}► remedy tor
<br /> �y subsequent breach thereof.
<br /> P�� Ps�e 3 of I
<br /> E�du'bit B
<br />
|