Agenda - 02-02-1987 - Laserfiche WebLink

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• 029 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, affiliates. successors or assigns, for its or- their own purpose. Licensee shall also have the right to terminate this agreement by serving upon Company sixty (60) days' written notice of its election so to do. Upon the expiration of the time limited by any notice of termination given hereunder, this agreement shall terminate and Licensee will, at its expense, remove its pipe line from the premises of Company and restore said premises to condition existing prior to the construction of said pipe line thereupon; or, in default thereof, Company may in addition to any other legal remedy it may have, remove said pipe line and restore the condition of said premises of Company at the expense of Licensee. EXECUTED in duplicate, each part being an original, as of the day of , 19_. SOUTHERN RAILWAY COMPANY, COUNTY OF ORANGE, By By Vice President. Title. 1tas ker. JMA:jhs �,... •- r-ygrirzd by the Local Gov:r_:i:u:;; 4-4-86; Rev. 1-5-87 74549 ana i sca Cautroi �cl. DOC. $738K � /f - 2 - .nonce Officer of ()ra c County.