|
<br />Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
<br />
<br />A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
<br />property of the Licensor in connection with the construction, maintenance, repair, renewal,
<br />modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or
<br />materialman's lien of any kind or nature to be enforced against the property for any work done or
<br />materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee
<br />shall indemnify and hold harmless the Licensor against and from any and all liens, claims,
<br />demands, costs and expenses of whatsoever nature in any way connected with or growing out of
<br />such work done, labor performed, or materials furnished.
<br />
<br />B. The Licensee shall promptly payor discharge all taxes, charges and assessments levied upon, in
<br />respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
<br />property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect
<br />to such property shall not be increased because of the location, construction or maintenance of the
<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 in any manner moves or disturbs any of the
<br />property of the Licensor in connection with the construction, maintenance, repair, renewal, modification,
<br />reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as
<br />possible and at Licensee's sole expense, restore such property to the same condition as the same were
<br />before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the
<br />Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims,
<br />demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may
<br />result from injury to or death of persons whomsoever, or damage to or loss or destruction of property
<br />whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving
<br />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 />
|