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<br />Pipeline or any improvement, appliance or fixture connected therewith placed upon such
<br />property, or on account of the Licensee's interest therein. Where such tax, charge or assessment
<br />may not be separately made or assessed to the Licensee but shall be included in the assessment of
<br />the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion
<br />of such taxes determined by the value of the Licensee's property upon property of the Licensor as
<br />compared with the entire value of such property.
<br />
<br />Section 9. RESTORATION OF LICENSOR'S PROPERTY.
<br />
<br />In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any
<br />manner move or disturb any of the other property of the Licensor in connection with the construction,
<br />maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
<br />that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and
<br />other property to the same condition as the same were in before such fence was taken down or such other
<br />property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
<br />officers, agents and employees, against and from any and all liability, loss, damages, claims, demands,
<br />costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from
<br />injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever,
<br />when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any
<br />fence or the moving or disturbance of any other property of the Licensor.
<br />
<br />Section 10. INDEMNITY.
<br />
<br />A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's
<br />property at or near the location of the Licensee's installation and their officers, agents, and
<br />employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties,
<br />costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may
<br />result from: (a) injury to or death of persons whomsoever (including the Licensor's officers,
<br />agents, and employees, the Licensee's officers, agents, and employees, as well as any other
<br />person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's
<br />property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property
<br />in its care or custody).
<br />
<br />B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND
<br />PERMISSION HEREIN GRANTED, THE LICENSEE AGREES TO INDEMNIFY,
<br />DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WillCH IS
<br />DUE TO OR ARISES FROM:
<br />
<br />1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY TillS AGREEMENT
<br />INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR,
<br />RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF
<br />THE PIPELINE OR ANY PART THEREOF;
<br />
<br />2. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING
<br />THEREFROM; OR
<br />
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