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04-A Pipeline Xing Agreement
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04-A Pipeline Xing Agreement
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Last modified
11/8/2005 11:25:11 AM
Creation date
9/26/2003 1:51:31 PM
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Template:
AGENDA
Item Number
4-A
AGENDA - Type
RESOLUTION
Description
Pipeline Crossing Agreement with Union Pacific Railroad
AGENDA - Date
9/29/2003
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FL X 980112 <br /> Form Approved, AVp. Law <br /> <br /> Section 13. T~-'~MINATION. <br /> <br /> (a) If the Licensee does not use the right herein grcm. ted or the ~peline for one ( 1 ) year, or if the Licensee continues in default <br /> in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the <br /> Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement <br /> by written notice· <br /> <br /> (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either <br /> party hereto to the other on any d~e in such notice stated, not less, however, than thirty (30) days subsequent to the date upon <br /> which such notice shail be given· <br /> <br />(c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known <br />address of the llcensee. Termination of this Agreement for any reason shall not affect any of the rights Or obligations of the parties <br />hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. <br /> <br />Section 14. AGREEMENT NOT TO BE ASSIGNED· .. <br /> <br /> The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent <br />of the Licensor, and it is agreed thai any transfer or assignment or attempted transfer or assignment of this Agreement or any of <br />the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely <br />void and, at the option of the Licensor, shall terminate this Agreement. <br /> <br />Section 15. SUCCESSORS AND ASSIGNS. <br /> <br /> Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties <br />hereto, their heirs, executors, administrators, successors and assigns, <br /> <br />plx.exb Page 4 or'4 Exhibil B <br /> <br /> <br />
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