Laserfiche WebLink
File: P-12629 <br /> C. An Occurrence Form Railroad Protective Policy with limits of not less <br /> than $5,000,000 dollars per occurrence for Bodily Injury Liability, <br /> Property Damage Liability and Physical Damage to Property with <br /> $10,000,000 dollars aggregate for the term of the policy with respect of <br /> Bodily Injury Liability, Property Damage Liability and Physical Damage <br /> to Property. The Policy must name the appropriate RAILROAD as the <br /> insured and shall provide for not less than ten(10) days prior written <br /> notice to the RAILROADS as cancellation of, or any material change in <br /> the policy. <br /> 14. It is expressly understood Railroad does not warrant title to the premises and <br /> Licensee accepts the grant of privileges contained herein subject to all lawful <br /> outstanding existing liens and superior rights. Licensee agrees it shall not have to <br /> make any claim against Railroad for damages on account of any deficiency in title <br /> and agrees that in the event of failure or insufficiency of such title the sole remedy <br /> of Licensee shall be the right to return of the consideration paid in advance, <br /> provided for herein, or a proportionate part thereof in the event of a partial <br /> deficiency or insufficiency of title. Licensee further agrees to indemnify and save <br /> harmless the Railroad and to assure all risk, responsibility, and liability(including <br /> any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising <br /> from, growing out of, or in any manner or degree directly or indirectly attributable <br /> to or resulting from any deficiency or insufficiency of its title affecting the right <br /> of the Railroad to make this grant. <br /> 15. This agreement shall continue in force indefinitely from and after the date hereof, <br /> subject, however, to the right of either party to terminate this agreement as to the <br /> entire pipeline and all of the facilities of Licensee, or any part thereof, at any time <br /> or from time to time, as it may require,upon giving the other party ninety(90) <br /> days notice in writing of its desire to terminate this agreement and indicating in <br /> said notice the extent of said line and facilities to which such termination shall <br /> apply. When this agreement shall be terminated as to the entire line and all of the <br /> facilities of Licensee or as to any part thereof, Licensee within thirty(30) days <br /> after the expiration of the time stated in said notice, agrees at its own risk and <br /> expense to remove said facilities from the property of Railroad, or such portion <br /> thereof as Railroad shall require removed, and to restore the railroad premises to a <br /> neat and safe condition, and if Licensee shall fail to do so within said time, <br /> Railroad shall have the right, but not the duty, to remove and restore the same, at <br /> the risk and expense of Licensee. Nothing herein contained shall be construed as <br /> conferring any property right on Licensee. <br /> 16. In case Railroad shall at any time, or from time to time, require the removal of <br /> only a portion of said pipeline, this agreement shall continue in force and be <br /> applicable to the portion of portions of said pipeline and other facilities remaining <br /> 5 <br />