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<br />FHP/mlb - IX - 11/28/79 "
<br />(Approved as to Form C.S. 3400
<br />-jy General Counsel) N
<br />November 1,1976 •
<br />M.P. Non-O _
<br />THIS AGftEEMENT, made this 14th day of rarluary ,198`0 ,
<br />byandbetween SOUTHERN PACIFIC TR,EINSPORTATION COMPANY,
<br />~
<br />a corporation (Licensor), and C I TY OF PAR I S, a mu n i c i p a 1 c o r p o r a t i o n o f t h e S t a t e o f
<br />exas
<br />( icense6)address: P. O. Box 1037, Paris, Texas 75460, .
<br />WITNESSETH:
<br />1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate,
<br />subject to the terms of this agreement, o n e ( 1 ) e i gh t- i n c h (8") d i ame t e r p i p e 1 i n e f o r t h e
<br />conveying of water, (herein called "structure"),
<br />amxtwx in the City of Paris, Countyof Lamar ,
<br />and State of Texas , in the location shown on the NOMAK&
<br />print.of Licensor's Drawing No. 79-9072, attached and maintained a part hereof.
<br />This gran± is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to
<br />use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein
<br />granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication,
<br />pipeline and power facilities upon, over and beneath its premises.
<br />2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and canstantly main-
<br />tained by Licensee at Licensor's property lines or such locations as Licensor shall designate.and shall be relocated or
<br />removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor
<br />that there are no subsurfaee installations.
<br />3. Costs: Licensee shall pay Licensor One hundred-Twenty five dollars($125.00) partially to defray the cost of
<br />handling. -
<br />Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on
<br />Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's
<br />premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur-
<br />nishing any materials or performing any labor in connection with such work,
<br />~~chsa~,~wckg~cck~~xp~o~xb~ouxb~sa~ia p~c ac~~cgc~cacems~sc~xa~,xa~n~ ~xi~s~€~ng x~ahxi~t~mexi~c~~a aax~k pc~x
<br />~xtexs~s ~~a s~t x~ ue~~ex~a~ x x
<br />4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in ac-
<br />cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that
<br />such plans conform with federal, state and/or local codes and regulations applicable thereto. All work ugon or in con-
<br />nection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere
<br />with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep
<br />Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by
<br />Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in
<br />emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work
<br />on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unless
<br />performed by an independent contractor who shall have Licensor's written permission before entering upon Licen-
<br />sor's premises.
<br />Licensee shall cooperate with Licensor in making any tests it requires of any installation or cond.itiion which in its
<br />judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any correc-
<br />tions thereafter, shall be borne by Licensee.
<br />In the event of leakage or spillage from said structure, Licensee shall, at its own expense, promptly clean Licen-
<br />sor's premises to the satisfaetion of Licens-ar, the Environmental Protection Agency andlor any public body having
<br />jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations
<br />incurred by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licen-
<br />sor or its property.
<br />No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's
<br />prior written approval.
<br />
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<br />EXHIBIT A
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