Agenda - 02-02-1987 - Laserfiche WebLink

Browse Search

AmmEm of Company or any other corporation controlling, controlled by or under common control with Company, to save Company or any other corporation controlling, controlled by or under common control with Company, wholly harmless from and against all claims, damages, expenses and liability (whether or not such liability has been judicially determined) for loss of life, personal injury or damage to property, resulting from or in any manner attributable to the construction, maintenance, use, operation or presence of the Facility, or to the presence of the equipment or employees of Licensee, on Company's property. 6. If License shall violate any of its covenants in this agreement contained, Company may terminate the same by serving upon Licensee ten (10) days ' written notice of its election so to do; provided, however, that unless this agreement is terminated as a result of a violation of covenant of Licensee, as aforesaid, this agreement will remain in full force and effect subject to termination by Company by serving upon Licensee sixty (60) days ' written notice of Company' s election so to do, only upon the occurrence of any one or more of the following events: a. If Licensee shall discontinue the operation of said pipe line; or b. If Company shall be required by any governmental authority having jurisdiction in the premises to remove, relocate, reconstruct, or discontinue operation of its railroad at the aforementioned location; or c. If the necessities of Company in the judgment of its Superintendent, shall require a change in location or elevation of its railroad at the location of said pipe line which might effectively prohibit the use of said pipe line; or d. If in the judgment of Superintendent of Company the maintenance or use of said pipe line unduly interferes with the operation and maintenance of the facilities of Company, or with present or future use of said premises by Company, its lessees. affi l iatpc c"rrnrr..v- -