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~Ma~ch~ 1980 <br /> <br /> 13. Should Grantee, its successors or assigns, at any time <br />abandon the use of said property, or any part thereof, or fail at <br />any ti~e to use the same for the purpose contemplated heroin for a <br />continuous period of one (1) year, the right hereby given shall cease <br />to the extent of the use so abandoned or discontinued, and Railroad <br />shall at once have the right, in addition to, but not in qualification <br />of, the rights heroinabove reserved, to resume exclusive possession of <br />said property or the part thereof the use of which is so discontinued <br />or abandoned. <br /> <br /> Upon termination of the rights and privileges hereby granted~ <br />Grantee, at its own cost and expense, agrees to remove said structure <br />from said property and restore said property as nearly as practicable <br />to the same state and condition in which it existed prior to the con- <br />struction of said structure° Should Grantee in such event fail, neglect <br />or refuse to remove said structure and restore said property, such re- <br />moval and restoration may be performed by Railroad, at the expense of <br />Grantee, which expense Grantee agrees to pay to Railroad upon demand, <br />or Railroad may, at its option, assume ownership of said struct~=e. <br /> <br /> 14. This agreement is subject to the rights of Southern Pacific <br />Pipelines, Inc. , hereinafter termed "Pipe Line Company," to construct <br />and maintain a petroleum, natural gas and related products pipeline, a <br />portion of which is located as indicated on the attached print. <br /> <br /> Grantee agrees to reimburse Railroad or Pipe Line Company for all <br />expenses which either may incur, which expenses would not have been in- <br />curred except by reason of the use of the premises by Grantee, its agents, <br />employees or invitees. <br /> <br /> Said structure shall be installed beneath the said pipeline with a <br /> minimum clearance of two (2) feet. Cover over said pipeline shall not <br /> be reduced without written permission from Pipe Line Company. <br /> <br />.......... Grantee agrees.to: <br /> <br /> (a) expose the said pipeline by hand at the point of its <br /> crossing with said structure in the presence of a <br /> Pipe Line Company representative; and <br /> <br />(b) <br /> <br />notify Pipe Line Company's District Superintendent <br />at Roseville~ California' , <br />at least one (1) week prior to commencement of work <br />in the vicinity of said pipeline. <br /> <br /> 15. Insofar as it lawfully may, Grantee agrees to release and <br />demnify Railroad and/or Pipe Line Company, their officers, employees, <br />agents, successors and assigns, from all claims, liabi!ity~ cost and <br />expense howsoever same may be caused, including reasonable attorney fees, <br /> <br /> <br />