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Form 20021 6169 <br />File: KC 99-176-175 <br />PIPE LINE LICENSE <br />THIS INSTRUNIENT, executed in duplicate, November 1 1 1972 . WITNESSEI'H: <br />The undersigned Carrier hereby grants, but on solely the herein expressed terma and <br />conditions, and the undersigned Licensee ( a Municipal corporation <br />(individual, copartners or corp. & state where incorporated) <br />to be addressed at P. 0. Box 1037, Paris, Texas 75460 .9 <br />hereby accepts, permission to install, keep, maintain, repair, 3~enew and use Por conveying <br />water, the Licensee's own one I certain proposed <br />(number) (proposed or existing) <br />continuous line of A. C. pipe ) 10-inches in diameter, and appurtenances, <br />including 55 ft. of 18" corrugated metal pipe casing,l2 ga, herein called Pipe Liney on <br />the Carrier's property$ herein called Premises. Pipe Line will be used to convey w'ater <br />at a maximum operating pressure of 150 p.s.i. <br />. Pipe Line shall intersect Carrier`s existing <br />main track , in G. W. Cox Headright ~ <br />(track or right of way) at Engineerls Chainage Station 4735+00 <br />~ Lamar County ~ Texas , at 3mnomamc Par:iL; • <br />(county or parish) (state) (place) <br />Approximate location oP Pipe Line is indicated by r e d line on <br />Exhibit A attached hereto as part hereof. <br />l. Licensee shall at all titnes keep Pipe Line in good state of repair. All work by <br />Licensee hereunder shall be performed in a safe and worlananlike manner. Licensee shall <br />furnish or do at Licensee's awn cost and responsib ility any and all things and when and <br />as from time to tisne required to accomplish whatsoever the Licensee attempts or is bound <br />to do at any time hereunder. Licensee shall adjust Pipe Line to ar,y physical change as <br />made at any time in any oP Carrier's property; at all times keeping upper surface oP Pipe <br />r Line at least five 2~M=and one-half feet below bottom of rail thereover. <br />Licensee shall cause Pipe Line, before being used for anything inPlammable, to conform <br />substantially to bchibit B attached hereto as part hereof. Said things, including the <br />tine and manner of doing any work, each shall conform to the requirements oP Carrier as <br />well as of any State, Federal or Municipal authority. Carrier may acting Por Licensee <br />furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required <br />of Licensee at any time, either shall not be furnished or done within ten days following <br />Carrier`s written request therefor or shall be undertaken by Carrier at Licensee'G request; <br />and Licensee on request shall in advance deposit with Carrier the estimated cost thereoP. <br />If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier <br />shall repay difference. Licensee when returning this license (signed) shall pay to Car- <br />~ rier the fee of $50.00# 4x <br />Ax~y other payment shall be made within twenty days following receipt of bill• Licensee <br />shall pay cost to Carrier for all lauor, including wages of foremen, cost of materiai <br />f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes ana izsual <br />railroad additives. No provisions of this paragraph, nor approval by Carrier of ar~y of <br />Licensee's undertakings, shall relieve Licensee of any responsibility or liabilitv. <br />x-- for the license granted herein. <br />2. Licensee agrees to (a) indemnify and save harmless the Carrier fram and ,.,_ainst <br />all claims, suits, damages, costs (including attorneys' fees), losses and expens.:3, in an,y <br />manner resulting from or arising out of or in connection with the laying, maintenance, <br />renewal, repair, use, existence or removal of Pipe Line, including the breaking oP the <br />same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and <br />the contents thereof regardless of how caused and regardless of any negligence on the <br />part of Carrier, or otherwise. <br />FXHIBIT A <br />