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'PL X 880201 <br />Form Approved, AVP-Law <br />connection with the construction, maintenance, repair, renewal, modification, reconstruction, <br />relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as <br />jri~ssible and at Licensee's sole expense, restore SUCK fErce and ether property to the same <br />condition as the same were in before such fence was taken down or such other property was <br />moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its <br />officers, agents and employees, against and from any and.all liability, loss, damages, claims, <br />demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, <br />which may result from injury to or death of persons whomsoever, or damage to or loss or <br />destruction of property whatsoever, when such injury, death, damage, loss or destruction grows <br />out of or arises from the taking down of any fence or the moving or disturbance of any other <br />property of the Licensor. <br />Section 10. INDEMNITY. <br />As used in this Section, "Licensor" includes other railroad companies using the <br />Licensor's property at or near the location of the Licensee's installation and their officers, <br />agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of <br />action, penalties, costs, and expenses of whatsoever nature, including court costs and <br />attorneys' fees, which may result from: (a) injury to or death of persons whomsoever <br />(including the Licensor's officers, agents, and employees, the Licensee's officers, agents, <br />and employees, as well as any other person); and (b) damage to or loss or destruction of <br />property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, <br />or other property of the Licensor, or property in its care or custody). <br />As a major inducement and in consideration of the license and permission herein <br />granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which <br />is due-to or arises from: <br />I. The prosecution of any work contemplated by this Agreement including the <br />installation, construction, maintenance, repairs renewal, modification, <br />reconstruction, relocation, or removal of the Pipeline or any part thereof; or <br />2. The presence, operation, or use of the Pipeline or contents escaping therefrom, <br />except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. <br />Section II. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. <br />Prior to the termination of this Agreement howsoever, the Licensee shall, at <br />Licensee's sole expense, remove the Pipeline from those portions of the property not occupied <br />by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of <br />the Licensor, such portions of such property to as good a condition as they were in at the <br />time of the construction of the Pipeline. If the Licensee fails to do the foregoing,,the <br />Licensor may do such work of removal and restoration at the cost and expense of the Licensee. <br />The licensor may, at its option, upon such termination, at the entire cost and expense of the <br />Licensee, remove the portions of the Pipeline located underneath its roadbed and track or <br />tracks and restore such roadbed to as good a,condition as it was in at the time of the <br />construction of the Pipeline, or it may permit the Licensee to do such work of removal and <br />restoration under the supervision of the Licensor. In the event of the removal by the <br />Licensor of the property of the licensee and of the restoration of the roadbed and property as <br />herein provided, the Licensor shall in no manner be liable to the Licensee for any damage <br />sustained by the licensee for or on account thereof, and such renaval and restoration shall in <br />no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor <br />may have against the Licensee. <br />Section 12. WAIVER OF BREACH. <br />The waiver by the Licensor of the breach of any condition, covenant or agreement <br />herein contained to be kept,.observed and performed by the Licensee shall in no way impair the <br />right of the Licensor to avail itself of any subsequent breach thereof. <br />Section 13. TERMINATION. <br />(a) If the Licensee does not use the right herein granted or the Pipeline for one <br />(I) year, or if the Licensee continues in default in the performance of any covenant or <br />agreement herein contained-for a period of thirty (30) days after written notice from the <br />Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith <br />immediately terminate this Agreement by written notice. <br />Exhibit B <br />Pae3of <br />0405n <br />