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iE.
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<br /> IT IS AGREED between
<br /> SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled
<br /> Company; and
<br /> COUNTY OF ORANGE, a municipal corporation of the State of North
<br /> Carolina, hereinafter styled Licensee:
<br /> 1. Company grants unto Licensee, insofar as its title enables it so
<br /> to do, the license, as a personal privilege and not transferable without the
<br /> written consent of Company, to construct and maintain a 8-Inch sewer pipe line
<br /> crossing along, across and under the right of way or property (hereinafter
<br /> called "property") of Company, at or near EFLAND, North Carolina; the
<br /> aforementioned installation, hereinafter called "Facility", being that
<br /> identified and located substantially as shown on annexed print of Drawing
<br /> marked Exhibit A dated June 1, 1986 (furnished by Licensee).
<br /> Licensee will pay the sum of $350.00 as a consideration for the license hereby
<br /> granted. Licensee further agrees to pay unto Company for said privilege a
<br /> rent of NO DOLLARS (5-0-) per annum, payable annually in advance. Licensee
<br /> further agrees to reimburse Company, upon bill rendered, for any and all
<br /> expenses which may be incurred by Company, resulting from or in connection
<br /> with any such special engineering studies, field supervision or flagging
<br /> protection as Company may find necessary to perform in connection with the
<br /> installation or maintenance of said Facility.
<br /> 2. Licensee will construct and maintain Facility, at its expense, in
<br /> such manner as will not interfere with operations of Company or endanger
<br /> persons or property of Company, and in accordance with (a) plans and
<br /> specifications (if any) shown on said print and any other specifications
<br /> reasonably prescribed by Company, (b) applicable regulations prescribed by
<br /> statute or by governmental authority, and (c) applicable specifications
<br /> adopted by the Association of American Railroads when not in conflict with
<br /> plans, specifications or regulations mentioned in (a) and (b) above. Licensee
<br /> shall give the Division Superintendent of Company at least 72 hours' advance
<br /> notice of Licensee's intention to begin construction of said Facility.
<br /> Licensee will, at its expense, make such changes in location, grade or
<br /> construction of Facility, as may be, at any time, required by Company.
<br /> 3. Whenever cathodic protection is installed, Licensee will notify
<br /> Company prior to its being placed in service in order that tests may be
<br /> conducted on Company's signal and communications systems for possible
<br /> interference. If said Facility causes degradation of the signal or
<br /> communications facilities of Company. Licensee, at its expense, will relocate
<br /> the cathodic protection and/or provide such necessary protection and/or
<br /> corrective equipment as may be necessary to eliminate said interference to the
<br /> satisfaction of Company... This provision applies to the existing signal and
<br /> communications equipment of Company and to any said signal or communications
<br /> equipment which Company may install in the future.
<br /> 4. If Facility endangers or interferes with operations of Company,
<br /> or if Licensee is in default hereunder and does not remedy such default or
<br /> condition after notice by Company so to do, this license may be revoked by
<br /> Company and Licensee shall, at its expense, upon written notice by Company,
<br /> and in any event upon termination of this agreement by either party as
<br /> hereinafter provided, 'remove Facility from Company's property and restore said
<br /> property to its condition existing prior to construction of Facility. If
<br /> Licensee fails to remove Facility, Company may do so at Licensee's expense.
<br /> If an emergency arises which in Company's judgment requires immediate repairs
<br /> to Facility, Licensee will, upon request, do the necessary work, or failing so
<br /> to do, Company may make such repairs at Licensee's expense.
<br /> 5. Said Facility shall be constructed and maintained at the sole
<br /> risk of Licensee and Licensee agrees, without regard to negligence on the part
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