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1977
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1977
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CITY CLERK
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958 <br />1/12/7 7 iMI -A <br />tracks, roadways, pipelines and facilities of similar or different character as are <br />now or in the future may be located on, beneath or above Premises. <br />Term hereof shall begin with the date first hereinabove written and con- <br />tinue thereafter until concluded as it may be at any time (a) by expiration of thirty <br />days following serving by Licensee on Carrier of written notice of such being the <br />intention, (b) by Licensee failing for 20 days to cure any default after written notice <br />thereof, (c) at Carrier's election, without notice, by Licensee's non -user of Premises <br />for any six consecutive months, or (d) by abandonment of Premises, howsoever, by <br />Carrier. Any notice of Carrier shall be deemed served when deposited, postage pre- <br />paid, in U. S. Mail, addressed to Licensee. <br />2. This grant of license and permission is further subject to the following <br />terms, provisions and conditions, which Licensee hereby expressly accepts, to wit: <br />(a) Licensee shall not begin, nor permit its contractor to begin, any <br />work of any nature whatsoever on or about Premises until Licensee <br />or its contractor shall have given Carrier's General Manager at <br />least 24 hours' written notice in advance of starting same; <br />(b) Licensee or its contractor shall perform its work hereunder at <br />such times and in such manner as shall be agreed upon between. <br />Licensee and Carrier's said General Manager or his duly authorized <br />representative. During the entire progress of Licensee's work on <br />or about Premises, Licensee or its contractor shall maintain con- <br />tact and liaison with Carrier's authorized representatives so as <br />to ascertain the time of passage-of trains at the site of Licensee's <br />work and so as to permit free and safe flow of railroad traffic. <br />All work of Licensee shall be performed without unnecessary inter - <br />ference with Carrier's tracks and operations and Carrier's and <br />its lessees' or licensees' structures or facilities. Licensee <br />or its contractor shall use utmost care in protecting Carrier's <br />and others' property and in avoiding accidents. Licensee shall <br />leave Premises in a condition satisfactory to Carrier's authorized <br />representative; <br />(c) Licensee shall, at its sole cost, maintain the Drainage Facilities <br />in a good and safe condition and keep same free and clear of <br />debris, sediment or obstructive matter which may or could inter- <br />fere with or impede the proper functioning thereof; <br />(d) Licensee shall, at Licensee's sole cost, risk and responsibility, <br />furnish or do or cause to be furnished or done any and all things, <br />and when, where and as from time to time required to accomplish <br />whatsoever Licensee attempts or is bound to do at any time here- <br />under; and <br />(e) Licensee hereby agrees to reimburse Carrier for any and all <br />expenses Carrier may incur in the repair or replacement of any <br />property of Carrier or others damaged, lost or destroyed as a <br />• result of the performance by or on behalf of Licensee of any of <br />the work hereunder. <br />- 2 - <br />
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