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R96-12 AUTHORIZING AGREEMENT WITH ILLINOIS CENTRAL RAILROAD COMPANY
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R96-12 AUTHORIZING AGREEMENT WITH ILLINOIS CENTRAL RAILROAD COMPANY
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Resolution/Ordinance
Res Ord Num
R96-12
Res Ord Title
AUTHORIZING AGREEMENT WITH ILLINOIS CENTRAL RAILROAD COMPANY
Approved Date
2/5/1996
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for herein, or a proportionate part thereof in the event of a <br /> partial deficiency or insufficiency of title. Licensee further <br /> agrees to indemnify and save harmless the Railroad and to assume <br /> all risk, responsibility and liability (including any expenses, <br /> attorneys' fees and costs incurred or sustained by Railroad) <br /> arising from, growing out of, or in any manner or degree directly <br /> or indirectly attributable to or resulting from any deficiency or <br /> insufficiency of its title affecting the right of the Railroad to <br /> make this grant. <br /> 14. This agr�e�ent shall continue in force indefinitely from <br /> and after the date hereof, subject, however, to the right of <br /> either party to terminate this agreement as to the entire pipeline <br /> and all of the facilities of Licensee, or any part thereof, at any <br /> time, or from time to time, as it may require, upon giving the <br /> other party ninety (90) days' notice in writing of its desire to <br /> terminate this agreement, and indicating in said notice the extent <br /> of said line and facilities to which such termination shall apply. <br /> When this agreement shall be terminated as to the entire line and <br /> all of the facilities of Licensee, or as to any part thereof, <br /> Licensee within thirty (30) days after the expiration of the time <br /> stated in said notice, agrees at its own risk and expense to <br /> remove said facilities form the property ,of Railroad, or such <br /> portion thereof as Railroad shall require removed, and to restore <br /> the railroad premises to a neat and safe condition, and if <br /> Licensee shall fail to do so within said time, Railroad shall have <br /> the right, but not the duty, to remove and restore the same, at <br /> the risk and expense of Licensee. Nothing herein contained shall <br /> be construed as conferring any property right on Licensee. <br /> 15. In case Railroad shall at any time, or from time to time, <br /> require the removal of only a portion of said pipeline, this <br /> agreement shall continue in force and be applicable to the portion <br /> or�portions of said pipeline and other facilities remaining from <br /> time to time until said entire pipeline has been removed and the <br /> rental shall be adjusted accordingly. <br /> 16. Nothing in this agreement shall be construed to place any <br /> responsibility on Railroad for the quality of the construction, <br /> maintenance or other work performed on behalf of Licensee <br /> hereunder or for the condition of any of Licensee's facilities. <br /> Any approval given or supervision exercised by Railroad <br /> hereunder, or failure of Railroad to object to any work done, <br /> material used or method of construction, reconstruction or <br /> 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 <br /> hereto until all parties have executed the space provided below. <br /> 18. If required by Railroad this Agreement shall include the <br /> additional terms and conditions contained in Appendix l. In order <br /> to provide that Appendix 1 be applicable, Railroad shall require <br /> execution of the appendix by all parties at the time this <br /> Agreement is executed and a copy of said Appendix 1 shall be <br /> attached hereto and made a part hereof. <br /> -4- <br />
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