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PL X 880201
<br /> Form Approved, AVP-Law
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<br /> connection with the ~onstruction, maintenance, repair, reneual, modification, reconstruction,
<br /> relocation or removal of the PiNline, then in that event the Licensee shall, as soon as
<br /> possible and at Licensee's sole expense, restore such fence and other property to the sam
<br /> condition as the same uere in before such fence was taken doun or such other property was
<br /> moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
<br /> officers, agents and employees, against and from any and 811 liability, loss, damages, claim,
<br /> denands, costs and expenses of whatsoever nature, including court costs and attorneyS' fees,
<br /> which may result from injury to or death of rsons whansoover, or damage to or loss or
<br /> destruction of property whatsoever, when suc~einjurv, death, damage, loss or destruction grous
<br /> out of or arises from the taking doun of any fence or the moving or disturbance of any other
<br /> property of the Licensor.
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<br /> Section 10. INDEMNITY.
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<br /> As used in this Section "Licensor" includes other railroad companies using the
<br /> Licensor's property at or near th~ location of the Licensee"s installation and their officers,
<br /> agents, and employees; "Loss" includes loss, damage, claim, demands, actions, causes of
<br /> action, penalties, costs, and expenses of whatsoever nature, including court costs and
<br /> attorneys' fees, which may result from: (8] injury to or death of persons whomsoever
<br /> [including the Licensor's officers, agents, and Ioyees, the Licenseo's officers~ agents,
<br /> and employees, as well as any other person]; andeS(] damage to or loss or destruction of
<br /> property whatsoever (including Licensee's propertV~ damage to the roadbed, tracks, equipment,
<br /> or other property of the Licensor, or property in its care or custody).
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<br /> As 8 major inducement and in consideration of the license and bermission.herein
<br /> granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which
<br /> ~s due-to or 8rises from:
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<br /> I. The prosecution of any work contemplated by this Agreement including the
<br /> installation, construction, maintenance, re irm renewal, modification,
<br /> reconstruction, relocation, or ranoval of t~e P~peline or any part thereof; or
<br /> 2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
<br />except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
<br />Section II. REMOVAL OF PIPE LINE UPON tERMINATION OF AGREEMENT.
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<br /> Prior to the termination of this Agreement housoever, the Licensee shall, at
<br />Licensee's sole expense, remove the Pipeline from those rtions of the property not occupied
<br />by the roadbed and track or tracks of the Licensor and s~all restore, to the satisfaction of
<br />the Licensor, such portions of such property to as goo~ a condition as they were in at the
<br />tim of the construction of the Pipeline. If the Licensee fails to do the foregoing, the
<br />Licensor may do such work of removal and restoration at the cost and expense of the Licensee.
<br />The Licensor may, at its option, u n such temination, at the entire cost and expense of the
<br />Licensee, remove the portions of t~ee Pipeline located underneath its roadbed and track or
<br />tracks and restore such roadbed to as good a condition as it was in at the tim of the
<br />construction of the Pipelinem or it may permit the Licensee to do such work of removal and
<br />restoration under the supervision of the Licensor. In the event of the removal by the
<br />Licensor of the property of the Licensee and of the restoration of the roadbed and property as
<br />herein provided, the Licensor shall in no manner be liable to the Licensee for any damage
<br />sustained by the Licensee for or on account thereof, and such removal and restoration shall in
<br />no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor
<br />may have against the Licensee.
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<br />Section 12. WAIVER OF BREACH.
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<br /> The waiver by the Licensor of the breach of any condition, covenant or agr.eemegt
<br />herein contained to be kept, observed and performed bY the Licensee shall in no ~ay ~mpamr the
<br />right of the Licensor to avail itself of any subsequent breach thereof.
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<br />Section I~. /ERIqlNATION.
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<br /> (a) If the Licensee does not use the right herein granted or the Pipeline for one
<br />[I] year, or if the Licensee continues in default ~n the performance of any covenant or
<br />agreement herein contained for a period of thirty (30) days after written notice from the
<br />Lscensor to the Licensee specifying such default, the Licensor may, at its option, forthwith
<br />inTrediately teminate this Agreement bY written notice.
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<br />Exhibit 8
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