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(~orm MW-1 1.-~al
<br />(Ftcv, junc, 1)66)
<br />1111.1; AGIZ1:6:\11{N1', rntcrcd inta, in duplicaie, thi-, 24ti11 day nf J,9 nuaZ'y . , 1974 ,
<br />S1~. I.0I1.C-tiAN I-ItAN( (ti('O RAII.WAY ('OMI'ANY, hcrcina(ter callcd 'I-ritico', p~uty u[ the fir;t part, and Cit.y _Of Par'is
<br />hercinafter called "(.irensec', party oE thc serond pnrt, thr rerm
<br />'Liccnsrc' whercven cerein used re(crrinK to and mcaninK cach and evr_ry parry n( the second part hereto; W('I'ti"I:SSf,"CIL•
<br />Frisco, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee,hereby grants
<br />pennission to Licensee to excavate for, lay, construct, maintain, repair and operate -(}-_Z.nQb._$$jej$,c _
<br />pipe line ____(hereinafter referred to as "pipe (ine') undet the riqht of way and tracks of Frisco, at or near
<br />LgmgC_OUTltv T@JC&_9 at the following descnbed locarion:
<br />Mile Post 582 plus 05 poles
<br />The afotesaid Rrant is made by Frisco and accepted by Licensee upon and subiect to the folfowinq conditions:
<br />Licensee shall pay to Frisco an initial charge of Twenty-five Dollats (E25.00) '~[i~]¢~Q~J~jy[~J~AQ[a(,~[~tp[~jJ~J[~](
<br />----xXxxJL~~xxxxxx7GxxJC~=xx3Cx-xXXX7DgO4DFXVJCY_XXXXUCPfomptly upon presentation of bill therefor.
<br />2• ' I..icenser (or Licencee'v conl.raotor) .Shull lay, construct nnd maintain said pipe line in Strict a(:c:ordanr:e with thc•
<br />iurn-nt sprrific•at,ions of the, American Railway F;ngineerinR Atisoci:L!ion, copies of which may be obtained from the Ameriran
<br />ail«;t.H:nrzineering Assuci.ition. 59 E. Van f3uron, Chinagn, 111. 60605.
<br />3. Licensee (orl.icensee's contractor)shall, at Licensee's expense, do all work of excavating for, ]aying, constructinq, maintaininR,
<br />repairing and operating said pipe line at such times and in such manner as not to intecfere with, endanger or obstruct the roadbed, tracks or
<br />ri¢ht of way oE Frisco ot the operation of its railroad. All work done hereunder by [,icensee (ot I.icensee's contractot) shall be under the
<br />direction and suhject to the inspection and approval of Ftisco's Chief P:ngineet, or othet authotized representati-ie, who shal( have fuil
<br />authority to direct the time and manner of doing the work and require the same to be done as he directs; and if Licensee (or I.icensee's con-
<br />tractor) fails or refuses to comply with his dicections, said Chief F,nqineer, or other aathorized representative, may stop the work altoqech=r.
<br />4. [f Frisco shall at any time change the grade of said riqht of aay or tracks, or chanqe che location of any tracks, improvements,
<br />facilities, structures ot appurtenances now or heteaftet focated upon said riqht of way, or construct or cause ot allow to be constructed any
<br />additionaf tracks, improvements, faciiities, sttuctures or appurtenances upon said right of way, and shall not terminate this agreemenc on
<br />account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe
<br />]ine in a manner prescriLed by Frisco's Chief Engineer or other authorized representative.
<br />5. Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in-
<br />curred bv Frisco, incidental ro any wotk done, or to be done, by Licensee (or Licensee's contracror) under the terms of this agreement or
<br />w•hich, under the terms hereof, are to be borne by Licensee. Such costs and expenses shall include, but not be limited to, cosu oE labor,
<br />eraveLng expenses, material, freight charges on material, applicable petcentages for vacation allowances and paid holidays, health and wel-
<br />Eare benefits, and paytoll and sales taxes, plus ten per cent (10%.) to cover accounting, use of tools and general overhead.
<br />6• Licensee, as a further consideration for the aforesaid grant, hereby agcees to indemnify and save harmless Frisco from any and
<br />all claims, demands, causes of action, damages, judjments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become
<br />liable for on account of loss or destruction of or damage to ptoperty whatsoever and death of or injury to persons whomsoever and (b) atl loss
<br />or destruction of or damage to said pipe line and all othet ptoperty of Licensee, growing out of excacating for, laying, constructing, recon-
<br />scructing, maintaining, operating, repairtng or removing of said pipe line, or the failure of Licensee (or Licensee's contractot) to comply fully
<br />with Licensee's obligations hereundet, and whether caused by negligence of Frisco, its agents, servants or employes, or otherwise.
<br />7. If either party hereto shall violate, continuously or othecwise, any of che terms of this a,qreement binding upon it, the other party
<br />hereto shall thereby be deemed neithet to have waived nor relinquished any such term of this agreement nor to have acquiesced in such v%o-
<br />lation theteof, unless the other party shall expressly consent thereto in writing.
<br />8. F.ither party may terminate this agreement by giving to the other parry thirty (30) days' wcitten notice of intention so to do. L'Fon
<br />any termination of this agteement, Licensee shall, at its sole cost and expense, witfiin ten (10) days thereafter remove said pipe line from
<br />under said ri¢ht of way and tracks and restore the same to a condition satisfactory to Frisco, and if Licensee shalt fail so to do, Frisco sha11
<br />nave the riRht to make such removal and resroration at the expense of L,icensee. No termination of this agreement shall release Licensee
<br />from any liability or obligation that may have been incurred by oc that may have accrued against Licensee hereuader duting the tetm hereof.
<br />9. This agreement shall bind and inure to the benefie of the successors and assigns of Frisco and the successors, heirs, executors,
<br />adminiscratots and assigns of Licensee; provided that Licensee shall have no right to assign ortransfer this agceement without first obtaining
<br />the written consent of Frisco.
<br />IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year ficst above writren.
<br />ATTEST:
<br />ST. LOUIS-SAN FRANCISCO RAILWAY COh1PAVY
<br />By
<br />Division Manap-er
<br />Secretary
<br />aTTNESS: (If not a corporation)
<br />CITY OF PARIS, PARIS, TEXAS
<br />By
<br />F. D. Mallory,-Iir ~
<br />Title Mavor
<br />ATTEST: (I( a corporation)
<br />FI. C. Gree effity Clerk EXHIBIT A
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