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!..r' FHP /mIb - IX - 11/28/79 .,
<br />ti C.S. 3400
<br />(Approved as toForm
<br />General Counsel) N
<br />November 1, 1976
<br />M.P. Non -O
<br />THIS AGREEMENT, made this 14th day of January ,19 Rc
<br />byandbetween SOUTHERN PA,C.IFIC TRANSPORTATION COMPANY,
<br />a corporation (Licensor), and CITY OF PARIS, a municipal corporation of the State of
<br />Texas P. O. Box 10371 Paris, Texas 754603,
<br />WITNESSETH:
<br />1. Grant of Aighta: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate,
<br />subject to the terms of this agreement, one (1) eight-inch (8Te.) diameter pipeline for the
<br />conveying of water,
<br />(herein called "structure"),
<br />�rx i n the City o f Paris , s , County of Lamar
<br />and State of Texas ; in the location shown on the xc x&
<br />print-of Licensor's Drawing No. 79 -9072, attached and maintained a part hereof.
<br />This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to
<br />use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein
<br />granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication,
<br />pipeline and power facilities upon, over and beneath its premises.
<br />2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly main-
<br />tained by Licensee at Licensor's property lines or such locations as Licensor shall designate, and shall be relocated or
<br />removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licen
<br />that there are no subsurface installations.
<br />3. Costs.- Licensee shall pay Licensor One hundred - Twenty five dollars($125.00) partially to defray the cost of
<br />handling: -
<br />-Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on
<br />Licensor's premises, and will not allow any mechanics or materialmen's liens to be enforced against Licensor's
<br />premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur -
<br />nishing any materials or performing any labor in connection with such work, iMIMAD r9
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<br />4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in ac-
<br />cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that
<br />such plans conform with federal, state and /or local codes and regulations applicable thereto. All work upon or in con,
<br />nection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere
<br />with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep
<br />Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by
<br />Licensor in its use of Licenser's premises, Licensee shall reconstruct, relocate or alter said structure. Except in
<br />emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work
<br />on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unless
<br />performed by an independent coiitractoi "who shall have Licensee's written permission before entering upon Licen-
<br />sor's premises.
<br />Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its
<br />judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corr- -
<br />tions thereafter, shall be borne by Licensee.
<br />In the event of leakage or spillage from said structure. Licensee shall, at its own expense, promptly clean Li(..
<br />soy's premises to the satisfaction of-Licensor, the Environmental Protection Agency and /or any public body having
<br />jurisdiction in the matter. Any expense of required compliance with federal, state or Iocal environmental regulations
<br />incurred. by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licen -
<br />sor or its property..
<br />No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor -s
<br />prior written approval_
<br />EXHIBIT A
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