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Railroad Use Only
<br />NS File No. 1151920
<br />NCRR File No. o_h-037+2550
<br />AC:
<br /># 9--
<br />PIPELINE AGREEMENT
<br />HN-80
<br />THIS AGREEMENT, made and entered into by and between NORTH CAROLINA
<br />RAILROAD COMPANY, a North Carolina corporation, hereinafter styled "Company` ;and ORANGE
<br />COUNTY, a North Cazolina government entity, hereinafter styled "Licensee' ;and NORFOLK
<br />SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled "NSR' ;
<br />WITNESSETH
<br />WHEREAS, Licensee proposes to install, maintain, operate and remove one 8-inch
<br />ductile iron gravity sewer pipeline, north of the tracks, along and under the right of way or property of
<br />Company, from Milepost H-037 plus 2,550 feet, Valuation Station 1880 plus 53, to Milepost H-037 plus
<br />3,345 feet, Valuation Station 1888 plus 48, at or near Hillsborough, Orange County, North Carolina, to be
<br />located with any ancillary appurtenances as shown on prints of Drawings marked Exhibits AI & A2
<br />dated Apri127, 2010, attached hereto and made a part hereof (hereinafter called "Facilities");
<br />WHEREAS, Company is willing to permit this proposed pipeline, but only upon the
<br />following terms and conditions;
<br />NOW, THEREFORE, for and in consideration of the premises, payment of an initial fee
<br />by Licensee to NSR of TWO HUNDRED AND NO/100 DOLLARS ($200.00), and also aone-time non-
<br />refundable fee to Company of TWENTY THREE THOUSAND NINE HUNDRED THIRTY ONE AND
<br />00/100 DOLLARS ($23,431.00) and of the covenants hereinafter made, Company hereby permits and
<br />grants Licensee, insofar as Company has the right to do so, without warranty and subject to all
<br />encumbrances, covenants and easements to which Company's title maybe subject, the right to use and to
<br />occupy so much of Company's property as may be necessary for the Facilities, upon the following terms
<br />and conditions:
<br />1. Licensee will construct and maintain the Facilities, at its expense, in such a
<br />manner as will not interfere with the operations of Company or endanger persons or property of
<br />Company, and in accordance with {a) plans and specifications (if any) shown on said print(s) and any
<br />other specifications prescribed by Company, (b} applicable governmental regulations or Iaws, and (c)
<br />applicable specifications adopted by the American Railway Engineering Association when nat in conflict
<br />with plans, specifications or regulations mentioned in (a) and (b) above.
<br />2. Licensee hereby agrees to indemnify and save harmless Company, its officers,
<br />agents and employees, from and against any and ail liability, claims, losses, damages, expenses (including
<br />attorney's fees) or costs for personal injuries (including death) and/or property damage to whomsoever or
<br />whatsoever occurring which arises in any manner from the installation, maintenance, operation, presence
<br />or removal or the failure to properly install, maintain, operate or remove the Facilities, unless such losses,
<br />damages or injuries shall be caused solely by the negligence of Company. The indemnity contained
<br />herein is intended to survive the termination of this Agreement.
<br />3. Licensee assumes all responsibility for any environmental obligations imposed
<br />under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
<br />050903B
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