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13. It is expressly understood Railroad does not warrant <br /> title to the premises and Licensee accepts the grant of privileges <br /> contained herein sub�ect to all lawful outstanding existing liens <br /> and superior rights. Licensee agrees it shall not have or ma.ke <br /> any claim against Railroad for damages on accounb of any deficiency <br /> in title and a�rees that in the event of failure or insufficiency <br /> of such title the sole remedy of Licensee shall be the right to <br /> return of the consideratian paid in advance, provided for herein, <br /> or a proportionate part thereof in the event of a partial deficiency <br /> of insufficiency of title. Licensee further agrees to indemnify <br /> and save harmless the Railroad and to assume all risk, responsibility <br /> and liability (includin� any expenses, attorneys ' fees and costs <br /> incurred or sustained by Railroad) arising from, growing out of, <br /> or in any n�anner or degree directly or indirectly attributable to <br /> or resulting from any defieiency or insufficiency of its title <br /> affecting the right of the Railroad to make this grant, <br /> 14. This agreement shall continue in force indefinitely from <br /> and after the date hereof, sub�ect, however, to the right of <br /> either party to terminate this agreement as to the entire pipeline <br /> and all of the facili�ies of Licensee, or any part thereof, at <br /> any time, or from time to time, as it may require, upon giving <br /> the other party ninety (90) days ' notice in writing of its desire <br /> to terminate this a�reement, and indicating in said notice the <br /> extent of said line and facilities to which such termination <br /> shall apply. When this agreement shall be terminated as to the <br /> entire line and all of the facilities of Licensee, or as to any <br /> part thereof, Licensee within thirty (30) days after the expiration <br /> of the time stated in said notice, agrees at its own risk and <br /> expense to remove said facilities from the property of Railroad, <br /> or such portion thereof as Railroad shall require removed, and to <br /> restore 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 <br /> time, require the removal of only a portion of said pipeline, <br /> this agreement shall continue in force and be applicable to the <br /> portion or portions of said pipeline and other facilities remaining <br /> from time to time until said entire pipeline has been removed and <br /> the rental shall be ad�usted accordingly. <br /> 16. Nothing in this a�reement 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 hereunder <br /> or for the condition of any Licensee 's facilities. <br /> Any approval given or supervision exercised by Railroad <br /> hereunder, or failure of Railroad to ob�ect 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 Agree�ent. <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 <br /> the additional terms and conditions contained in Appendix 1. <br /> In order to provide that Appendix 1 be applicable, Railroad <br /> shall require execution of the appendix by all parties at the <br /> time this Agreement is executed and a copy of said Appendix 1 <br />� shall be attached hereto and made a part hereof. <br /> - 4 - <br />