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PL X 9801t2
<br /> Form Approved, AVP-Law
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<br /> with the entire value of such property·
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<br /> Section 9. RESTORATION OF LICENSOR'S PROPERTy.
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<br /> In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb
<br /> any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification,
<br /> reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's
<br /> sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
<br /> or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers,
<br /> agents and employees, against and from any and all liabihty, loss, damages, claims, demands, costs and expenses of whatsoever
<br /> nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to
<br /> or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the
<br /> taking down of any fence or the moving or disturbance of any other property of the Licensor.
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<br /> Section 10. INDEMNITY.
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<br /> (a) As used in this Section, "Licensor" includes other railroad companies using the L/ce~sar's property at or nectr the location
<br /> of the Licensee's installation and their officers, agents, and employees; *'Loss" includes loss, damage, claims, demands, actions,
<br /> causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result
<br /> from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's
<br /> officers, agents, and employees, as well as any other person); and/ar (b) damage to or loss or destruction of property whatsoever
<br /> (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its cc,re
<br /> or custody).
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<br /> (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to
<br /> indemnify and hold harmless the Licensor from any Loss which is due to or arises from:
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<br /> 1. The prosecution of any work contemplated by this Agreement including the installation, construction,
<br /> maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part
<br /> thereof; or
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<br /> 2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
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<br /> except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
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<br /> Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
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<br /> Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the
<br />Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
<br />the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction
<br />of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
<br />expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee,
<br />remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a
<br />condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and
<br />restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the
<br />restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
<br />damage sust~ned by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or
<br />impair any right of action for dcn'nages, or otherwise, that the Licensor may have against the Licensee.
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<br />Section 12. WAIVER OF BREACH.
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<br /> The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed
<br />and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent
<br />breach thereof.
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<br /> pix exb Page 3 0[4 Exhibit B
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