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<br /> 8. Licensee shall at its expense take such measures as may be necessary and
<br /> adequate in connection with its property or the property of railroad to protect
<br /> facilities of Railroad and those of others using Railroad's property from
<br /> interference by induction, conduction,physical contact or otherwise attributable
<br /> to the exercise by Licensee of the license granted to it.
<br /> In the event Railroad advises Licensee to take any action to protect Railroad, its
<br /> facilities or facilities on Railroad's property, Licensee shall promptly take the
<br /> indicated action, including,but not limited to, stopping the operation of the
<br />, pipeline. If Licensee fails to do so, Railroad shall have the right,but not the duty,
<br />' to perform on behalf of Licensee at the sole risk and expense of Licensee.
<br /> 9. In the event Railroad elects to renew, replace, repair or alter any tracks or other
<br />' facilities or to construct new facilities or to make other use of the property
<br /> covered by this license, and in connection therewith requires the removal of any
<br /> . facilities placed by Licensee on Railroad's property or should any facilities of
<br /> Licensee need renewal or repair, Licensee shall, within 30 days of receipt of
<br /> notice, arrange for such removal,renewal or repair at Licensee's risk and expense.
<br /> In the event removal is required, the facilities shall be relocated at such location
<br /> on Railroad's property as is designated by Railroad,provided that Railroad's
<br /> authorized representative deternunes that a location is reasonably available.
<br /> Renewal or repair shall be to such condition as is indicated by Railroad's
<br /> authorized representative. If Licensee fails to comply with the foregoing,
<br /> Railroad shall have the right,but not the duty, to remove, renew or repair such
<br /> facilities at the sole risk and expense of Licensee.
<br /> 10. Cost and expense for work performed by the Railroad pursuant to this agreement
<br /> shall consist of the direct cost of labor and material plus Railroad's standard
<br /> additives in effect at the time the work is performed. All payments required of
<br /> Licensee under this agreement shall be made promptly upon presentation of a bill.
<br /> 11. Licensee, as a further consideration and as a condition without which this license
<br /> would not have been granted, agrees to indemnify and save harmless Railroad, its
<br /> officers, employees and agents and to assume all risk,responsibility and liability
<br /> for death of, or injury to, any persons, including,but not limited to, officers,
<br /> employees, agents,patrons and licensees of the parties hereto, and for loss,
<br /> damage or injury to any property, including but not limited to,that belonging to
<br /> the parties hereto (together with all liability for any expense, attorneys' fees and
<br /> costs incurred or sustained by the Railroad, whether in defense of any such
<br /> claims, demands, actions and causes of action or in the enforcements of the
<br /> indemnification rights hereby conferred) arising from, growing out of, or in any
<br /> manner or degree directly or indirectly caused by, attributable to, or resulting
<br /> from the grant or exercise of this license or the construction, maintenance, repair,
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