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759
<br />PHP /mlb - IXl_ - 11/28/79
<br />(Approved as to Form _ C.S. 3400
<br />\.))y General Counsel} N
<br />November 1, 1978
<br />M.P. Non-0
<br />THIS AGREEMENT, made this 14th day of January ,19 $0 ,
<br />fyandbetween SOUTHERN PACIFIC TRANSPORTATION COMPANY,
<br />a corporation (Licensor); and CITY-OF PARIS, a municipal corporation of the State of
<br />Texas P. O. Box 1037, Paris, Texas 754601,
<br />WITNESSETH:
<br />1. Grant of ]Flights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate,
<br />subject tothe terms of this agreement, one. (1) twelve -inch (12 ") diameter pipeline for
<br />the conveying' of water,
<br />(herein called "structure "),
<br />2xxixxx in the City of Paris ,County of Lamar ,-
<br />and State of Texas P in the location shown on thexttX0bX..&
<br />print, of Licensor's Drawing No. ,79 -90712 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 Licensor
<br />—that there are no subsurface installations.
<br />i
<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, i1x13�xsxttIt�x,Xa�iiiK
<br />l��r�ca��xi�tr��i�x�paro��i�rxla��x xlx ►1�cc�s�s�t}r�cdzx�n�aishiaag x�c��lxa�xixf�a�rr�ax�axck
<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 Licensors operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep
<br />Licensors 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 Licensor'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 contractor who shall have Licensors 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 corree-
<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 Licen-
<br />sor's premises to the satisfaetion 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 local 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 />u:
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