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R2003-163 AUTHORIZING AGREEMENT
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R2003-163 AUTHORIZING AGREEMENT
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Last modified
1/6/2016 3:07:45 PM
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1/6/2016 3:07:44 PM
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Resolution/Ordinance
Res Ord Num
R2003-163
Res Ord Title
AUTHORIZING AGREEMENT ILLINOIS CENTRAL RAILROAD KAYDON DRIVE RELIEF SEWER CONSTRUCTION
Approved Date
10/20/2003
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Page 5. I� <br /> � <br /> 14. 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 anp�time <br /> or from time to time, as it may require, upon giving the other party ni.nety(90) <br /> days notice in writing of its desire to terminate this agreement, and indicati�pg in <br /> said notice the extent of said line and facilities to which such ternunation sl�all <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) d�ys <br /> after the expiration of the time stated in said notice, agrees at its own risk d <br /> expense to remove said facilities from the property of Railroad, or such por�ion <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 sar�e, at <br /> the risk and expense of Licensee. Nothing herein contained shall be construed as <br /> conferring any property right on Licensee. <br /> 15. In case Railroad shall at any time, or from time to time, require the remova�of <br /> only a portion of said pipeline, this agreement shall continue in force and b� <br /> applicable to the portion of portions of said pipeline and other facilities remaining <br /> from time to time until said entire pipeline has been removed and the rentallshall <br /> be adjusted accordingly. <br /> 16. Nothing in this agreement shall be construed to place any responsibility on <br /> Railroad for the quality of the construction, maintenance or other work performed ; <br /> on behalf of Licensee hereunder or for the condition of any of Licensee's �' ' <br /> facilities. '' <br /> Any approval given or supervision exercised by Railroad hereunder, or fail�re of <br /> Railroad to object to any work done,material used or method of constructian, <br /> reconstruction or maintenance, shall not be construed to relieve Licensee of its <br /> obligations under this Agreement. '� <br /> 17. This Agreement shall not be binding on either party hereto until all parties ave <br /> executed the space provide below. <br /> 18. If required by Railroad this Agreement shall include the additional terms an <br /> conditions contained in Appendix 1. In order to provide that Appendix 1 b <br /> applicable, Railroad shall require execution of the appendix by all parties at the <br /> time this Agreement is executed and a copy of said Appendix 1 shall be att hed <br /> hereto and made apart hereof. , <br />
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