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<br />PL X 980112 <br />Fonn Approved, A VP-Law <br /> <br />with the entire value of such property. <br /> <br />Section 9. <br /> <br />RESTORATION OF UCENSOR'S PROPERTY. <br /> <br />In the event the Licensor authorizes the licensee to take down any fence of the licensor or in any manner move or disturb <br />any of the other 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 possible and at Licensee's <br />sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down <br />or such other property was moved or disturbed. and the Licensee shall indemnity and hold harmless the Licensor, its officers, <br />agents and employees, against and from any and all liability, loss, damages, claims. demands, costs and expenses of whatsoever <br />nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever. or damage to <br />or loss or destruction of property whatsoever, wh~n such injury. death, damage. loss or destruction grows out of or arises from the <br />taking down of any fence or the moving or disturbance of any other property of the Licensor. <br /> <br />Section 10. <br /> <br />INDEMNITY. <br /> <br />(a) As used in this Section. "licensor" includes other railroad companies using the Iice~sor's property at or near the location <br />of the Licensee's installation and their officers. agents, and employees; "Loss" includes loss. damage. claims. demands. actions. <br />causes of action, penalties. costs. and expenses of whatsoever nature, including court costs and attorneys' fees. which may result <br />from: (a) injury to or death of persons whomsoever (including the licensor's officers. agents. and employees. the Licensee's <br />officers. agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever <br />(including licensee's property, damage to the roadbed. tracks, equipment. or other property of the licensor, or property in its care <br />or custody). <br /> <br />(b) As a major inducement and in consideration of the license and permission herein granted. the Licensee agrees to <br />indemnify and hold harmless the licensor from any Loss which is due to or arises from: <br /> <br />1. The prosecution of any work contemplated by this Agreement including the installation. construction. <br />maintenance. repair. renewal. modification. reconstruction. relocation. or removal of the Pipeline or any part <br />thereof; or <br /> <br />2. The presence. operation, or use of the Pipeline or contents escaping therefrom, <br /> <br />except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. <br /> <br />Section 11. <br /> <br />REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. <br /> <br />Prior to the termination of this Agreement howsoever. the Licensee shall. at Licensee's sole expense. remove the <br />Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore. to <br />the satisfaction of the licensor, such portions of such property to as good a condition as they were in at the time of the construction <br />of the Pipeline. If the licensee fails to do the foregoing. the Licensor may do such work of removal and restoration at the cost and <br />expense of the Licensee. The licensor may, at its option, upon such termination, at the entire cost and expense of the licensee, <br />remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a <br />condition as it was in at the time of the construction of the Pipeline. or it may permit the licensee to do such work of removal and <br />restoration to the satisfaction of the licensor. In the event of the removal by the Licensor of the property of the licensee and of the <br />restoration of the roadbed and property as herein provided. the Licensor shall in no manner be liable to the Licensee for any <br />damage sustained by the Licensee for or on account thereof. and such removal and restoration shall in no manner prejudice or <br />impair any right of action for damages. or otherwise. that the licensor may have against the Licensee. <br /> <br />Section 12. <br /> <br />WANER OF BREACH. <br /> <br />The waiver by the licensor of the breach of any condition, covenant or agreement herein contained to be kept. obselVecI <br />and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent <br />breach thereof. <br /> <br />plx.exb <br /> <br />Page 3 of 4 <br /> <br />Exhibit B <br />