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Home My WebLink AboutAT & SF Railway Company; 1962-01-16;k! P 2 F! ui- 8 : I Iji I I I I I I / I / j’ I i, 1 i j ,.“_ Form 1458 &add (Approd by oonwal solkitor) Q Qc-J,J 9 PIPE UN& LICENSE 9 q., 4; “/. + lj) THIS LICENSE, Made this-----&&&- -----day of ____ - _________ &U%W?X-,&~~$?, --, lS-&:“. -- -------------------) a-.-----~~~~i_~~--- ________________ corporation (hereinafter called “Licenser”), party of the first part, and GZX-QP-- ----------___ -----------------~~------ I__--- ---_----._ --------_---- --___ --__-__-__--__-_- -__-_. -_______-- -__--_- _-_- - -_-___- _~--__--- (hereinafter, whether one or more, called “Licensee”), party of the second part. WITPJESSETH, ;That the parties hereto for the considerations hereinafter expressed covenant and agree as ‘follows : 1. Subject to the terms and conditions hereinafter set forth, Licenser licenses Licensee to co+ruct and maintain-~*.?~~*~~~ - - * .-LIIC”“II))~~CL-~LIIII --- ---_p___-1_------ (’ 2 ) pipe line-*-- i,, .’ y c, ? - r.3.- - r,cr **) y, R~..~**.?!pF F d $&*:.%!,.rbl.F a!‘9 xe. _- ---- A-- --2---- U.&ifaetr~-r~~~ : h *fine es in diameter (hereinafter, whether one or more pipe lines, called the “PIPE LINE”), across or along the right of way of Licenaor at or near the station of -&&&&&.S.W-~- aaunty* cw.ifarnslr ---- the ------I-~---- exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.&&~$~---- ____ --, dated-&&!F!B-.~~ .----_-- ________ ----_--~ ------, marked “Exhibit A” and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying ~-X&Z!R-drSfarrss~~--~~---~-- .-- -----__-____- ___-_____-_____________ ----- --_-- --___--- _---- -__-__------ and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licenser as compensation for this license the sum of---- -f!kaQ--~-~A~~-~~~~*w~ __-_-- - __--_ _---------_-___~---- ---------B-P-- _______________ --------- -e----p ----___-__-- --_--__-- 4, Licensee shall, at its own cost and subje&ti the &&vi&on and control of .Li gineer, locate, construct and maintain the PIPE LINB in such a manner and of such not at any time be a’source of danger to or interfer material’ nce ‘with the present or future tracka, roadbed and property of Licenser, or the safe operation of its rai road. “1 In cases where the Licensee is ermitted un- der paragraph 2 hereof to use the PIPE LINE for oil or gas, or petroleum products, the PIP E LINE shall be constructed, installed and thereafter maintained in conform@ with the plans and specifications shown on print hereto attached in such case?, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licenser, fall to perform properly its obligations under this paragraph, Licen- sor may, at its option, itself perform such work as it deems necessary for the safe o eration of its rail- road, and in such event Licensee agrees to pay, within fifteen (16) days after bill s R all have been ren- dered therefor, the cost so incurred by Licenser, but failure on the part of Licenser to perform the obli- gations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licenser for.any expense incurred by Licenser for false work to sup- port Licenser’s tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licenser on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licenser against and pay in full all lo&s, damage or expense that Licenser may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of per- sons, (c) mechanics’ or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here- in contained Licenser may at its election forthwith revoke this license. 3. THIS LICENSE is given by Licenser, and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days’ notice in writing to be served _- upon the other party, stating t. zin the date that such termination sh; ake place, and that upon the termination of this hcense in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licenser to the same condition in which they were prior to the placing of the PIPE LINE there- under. In case Licensee shall fail to restore Licenser’s premises as aforesaid within ten (10) days after the effective date of termination, Licenser may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem- nity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licenser restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licenser of said premises, Licenser shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licenser hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice, request, instructions or revocation of this license to be given by Licenser to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, postpaid, addressed to Licensee at!!!%&!!!!!d~&ifor~~z- ________ - _.__________.___ - __________ -- 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the bene- fit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen- see, its successors, legal representatives or a&gns, or any subsequent assignee, shall be binding upon Licenser without the written consent of Licenser in each instance. 13. The PIPE LIXE shall. be o<sn~tr r~tcsd, installed aind tbert&%ar raaintained in uonfomity with the plans and ~scifiant~c~~ SS% farth %n the &~~erielan l%?%u?@%y l%$- inesri.tq Arrsou3.a tion ’ S~hfioatltona for Pipe Line Cr*kssings Under IMlway Tracks, 19!56* for mi+flBgt?able wrbat~~~~s, IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE A!EHBiX?,TOIP~~ AZD %Q3TA 8% RAILMAY COt4PA~ -l------__l_--- (~--or) Approved as to Description : _ .____-_------_-----______ Chief Engineer. _ .