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<br />'PHP/mlb - IX - 11/28/79
<br />(Approved as to Form
<br />by General Counsel)
<br />November 1,1976
<br />N.
<br />M.P. Non-O
<br />C.S. 3400
<br />THIS AGftEEMENT, made this 14th day of January
<br />.19 80,
<br />byandbetween SOUTHERN PACIFIC TFi.ANSPOKTATION COMPANY,
<br />a corporation (Licensor), and C I TY OF PAR I S , a mun 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 />( icenseP address: P. O. Box 1037, Paris, Texas 75460,
<br />WITNESSETH:
<br />1. Grant of Righte: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate,
<br />subject to the terms of this agreement, one ( 1 ) twe 1 ve- i nch (1211) d i ame t e r p i p e 1 i ne f o r
<br />the conveying of water, -
<br />(herein calied "structure"),
<br />adNmmKmxx in the City of Paris Countyof Lamar
<br />and State of Texas , in the location shown on the xotzotmrt
<br />print.of Licensor's Drawing No. 79-9071, attached and maintained a part hereof.
<br />This grant is subject and subordinate to the prior and continuing right of Licensor, its suceessors 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 constantily 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 subsurface installations.
<br />3. Costs: Licensee shall pay Licensor One hundred-Twenty five dollars($125.00) partially to defray the cost of
<br />. handling.
<br />Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on
<br />Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's
<br />premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur-
<br />nishing any materials or performing any labor in connection with such work,
<br />~tt~4cl~e~caric ~xd~ ~t~p~oi~c~amcbo~nffa~ zox a6a~cgc~~c$ms~scbrxa~~~ ~uaan~s~a~g aacc~a~t~~u~~ ~~at i~x
<br />s~acaoxs~s~i.ia~aa~ur~dae~xea~aat¢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 />svch plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon 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 reqaired b,y
<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 atl 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 reyuires of any installation or condition 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 satisfaction of Licensor, the Environmental Protection Agency and/or 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 />pTior written approval. ~
<br />Fxurrzl~r- R
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