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9. Licensee shall at its expense take such measures as
<br /> may be necessary and adequate in connection with its propert�
<br /> or the property of Railroad to protect facilities of Railroad
<br /> and those of others using Railroad's property from interference
<br /> 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
<br /> action to protect Railroad, its facilitiea or facilities on
<br /> Railroad 's property, Licensee shall promptly take the indicated
<br /> action, including, but not limited to atopping the operation of
<br /> the pipeline. If Licensee fails to do so, Railroad shall have
<br /> the right, but not the dut�, to perform on behalf of Licensee
<br /> at the sole risk and expense of Licensee.
<br /> 10. In the event Railroad elects to renew, replace, repair
<br /> or alter any tracks or other facilities or to construct new
<br /> facilities or to make other use of the property covered by
<br /> this license, and in connection therewith requires the removal
<br /> of any facilities placed by Licensee on Railroad 's property or
<br /> should any facilities of Licensee need renewal or repair,
<br /> Licensee ahall, within 30 daya of r�ceipt of notice, arrange
<br /> for such removal, r�newal or repair at Licensee 's risk and expense.
<br /> In the event removal is r�quired, the facilities shall be relocated
<br /> at such location on Railroad's property as ia designated by
<br /> Railroad, provided that Railroad 's autho rized representative
<br /> determines that a location is reasonably available. Renewal or
<br /> repair shall be to such condition as is indicated by Railroad 's
<br /> authorized representative. If Licensee fails to comply with the
<br /> fore�oing, Railroad shall have the right, but not the duty, to
<br /> remove, renew or repair such facilities at the sole risk and
<br /> expense of Licensee.
<br /> 11. Cost and expenae for work performed by the Railroad
<br /> pursuant to this agreement shall consist of the dir�ct cost �f
<br /> labor and material plus Railroad 's standard addititives in Offect �,
<br /> at the time the work is performed. All paym�nts required of I
<br /> Licensee under this agreement shall be made promptly upon
<br /> presentation of a bill.
<br /> 12. Licensee, as a further consideration and as a condition
<br /> without which this license would not have been granted, agrees to
<br /> indemnify and save harmless Railroad, its officers, employees
<br /> and agents and to assume all risk, responsibility and liability
<br /> for death of, or in�ury to, any persons, including, but not
<br /> limited to, officers, employees, agents, patrons and licensees
<br /> of the partiea hereto, and for loss, damage or in�ury to any
<br /> property, including but not limited to, that belonging to the
<br /> parties hereto (together with all liability for any expense,
<br /> attorneys ' fees and costs ineurred or sustained by the Railroad)
<br /> arising from, growing out of, or in any manner or degree directly
<br /> or indirectly caused by, attributable to, or resulting from the
<br /> grant or exercis� of this license or the construction, maintenance,
<br /> repair, renewal, alteration, change, relocation, existence,
<br /> presence, use, operation, or removal of any structure incident
<br /> thereto, or from any activity conducted on or occurrence
<br /> originating on the area covered by the license regardless of
<br /> the negligence of Railroad, ita officers, employees and agents.
<br /> License further agrees to release and indemnify and save harmless
<br /> Railroad, its officers, emplo9ees, agents, patrons or invitees
<br /> from all liability to Licensee, its officers, employees, agents
<br /> or patrons, resulting from railroad operations at or near the
<br /> area in which the license is granted whether or not the death,
<br /> in�ury or damage resulting therefrom may be due to the negligence
<br /> of the Railroad, its officers, employees or agents or o�herwise.
<br /> At the election of Railroad, the Licensee, upon receipt of
<br /> notice to that effect, shall assume or �oin in the defense of
<br /> any claim based upon allegations purporting to bring said elaim
<br /> within the coverage of this section.
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