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<br />the IScensor, however. shell have the rlgh:. If f! so elects, et any time, though It shall be under no obligation whatever
<br />to do so, to maze nec=ssary or proper repairs or to reconstruct said private way, notwithstanding the obligation oL
<br />. Ne Licensee to maintain, repair and reconstnrct. and 1n the even[ the Licensor at any time elects to repair or re-
<br />. ~ ~ ~ ecrtatruct said private way, the Licensee shall, upon presentation of estimates, advance such sum of money as the
<br />Licensor may deem necessary !or such rzpoir or reconstruction, or upon bill being rendered for work already done,
<br />. ~;•~_~~Ne Licensee shall reimburse the Licensor for the cost oL such repair or construction. The optional right o[ Ne,
<br />-~. Lleettaor to make repairs or to reconstruct said private way shall in no manner or degree relieve the Licensee Lrom
<br />.. ~:•rtaponslb111ty to the llcensar or to other persons or corporations for the (allure of Ne Licensee to properly main-
<br />. ~ta1n or reconstruct said private way, or any structure which Ne Licensee agrees, as aforesaid to maintain of re-
<br />coaatruct
<br />-. 3. The Licensee, et the Licensee's expense, shall keep the [lengeweys at said private way clean end free lrom
<br />dirt, rocks end other materiel, and shell not foul or permit the fouling of any track o[ the Licensor, or permit any
<br />condition which will interfere with the sate operation of locomotives, cars or trains over safd prtvate way.
<br />~. The Licensee agrees to pay to the Licensor, 1n advance, Ne sum of S 200.00 , as consideratloa for
<br />Lttme and permit herein granted.
<br />5. It at any time after the installation of said private way, any law, State or Federal, or any officer or regulatory
<br />board or commission, State or Federal, having jurisdiction, shell require any elteretlons, changes or Improvements oL
<br />said private way end of Its appurtensnces, as herein defined, or any additional safeguards, protection, signalt or
<br />warnings, the same shall be constructed, ma!ntalned and operated at the sole expense of the Licensee, as herein
<br />provided with respect to maintenance, repair, reconstruction, etc., In paragraph 2 hereof.
<br />8. The Licensee shall not enter upon the premises for the purpose oL constructing said private way nor for Ne
<br />purpose of repairing or renewing Ne same. without special written Ilcense or permit tlrst had and obtained from the
<br />Licensor, or the Llcensor's duly authorized agent, except in cases of emergency when work V necessary to evert lose
<br />or damage to property. All work of construction, maintenance, operation or reconstruction shall be done by the
<br />Licensee In such manner as to cause no Interference with the constant, continuous and uninterrupted use of the tracks
<br />and property at Ne Licensor ae to operation, maintenance, renewals or possible new construction by the Licensor.
<br />T. This Ilcense shall not be deemed to glue Ne Licensee exclusive possession of any part o[ the premises
<br />described, but the Licensor shall have unimpaired right to retain its track or tracks es now owned and operated
<br />at the place of construction of such private way, and nothing shall be done or sultered to 6e done by the Licensee et
<br />any time that shell In any manner Impair Ne usefulness or safety of said track or Vneks of the Licensor or of any
<br />track or Improvement to be herentter constructed. The Licensor shall have the right at any and all times hereetter
<br />~'~~ to cronairuct, maintain and operate such additional tracks, svuctures and improvements where said private way
<br />,: • Is to be constructed and across Ne same, as It may from time to time elect; and In case of any change at any time
<br />In Ne arrangement, construction or ylan o[ the Llcensor's tracks, or in case of Ne construction of any buildings or
<br />improvements by Ne Licensor. Bald private way shall be altered or entirely removed by Ne Licensee at the sole
<br />cost and expense of the Licensee, In such manner as may be necessary to conform to the tracks, bufidings or
<br />l:tiprovementa of Ne Licensor as so changed, altered or Improved, end it Ne Licensee shell Call to do any of Ne
<br />things in Nis paragraph enumerated, the Licensor may do or cause the same to be done at Ne cost of Ne Licensee.
<br />8. The Lleensee assumes Ne entire burden end duty o[ keeping the gates at said private way locked when
<br />no[ In use, and Ne sole duty and burden o[ preventing the use of said private way by any persons, firms or corpora-
<br />tlans, cther than Nose mentioned herein [or whose benefit said prlvete way !s licensed; and assumes all llsblllty
<br />for damage to or desuuctlon o! property, injury to or the death o[ persons resulting from Ne use o[ said prlvete
<br />way by persons other Nan Nose [or whose benefit said prlvete way Is licensed, or resulting from the failure on Ne
<br />part o! Ne Licensee to keep Ne gates closed and locked and Ne said private way and all of Its appurtenances >n
<br />sate condition.
<br />9. The Licensee shall at all times protect, indemnity and save harmless the Licensor from any and all claims,
<br />demands, judgments, cost, expenses, and all damage of every kind and nature made, rendered ar incurred by or to
<br />behalf of any person or corporation whatsoever, 1n any manner due to or nrlsing out o[ any Injury to or death of
<br />any person, or damage to property of any person or peraoas whomsoever, Including the parties hereto and Nels
<br />officers, families, servants and employees, 1n any manner nrlsing from or growing out of the construction, mnln-
<br />tenance, operation, repair, extension, renewal, existence, use or removal of said private why, or the failure to prop-
<br />erly construct, operate, maintain, renew or remove the some, end from all coats and expenses, including attorneys'
<br />fees connected in anywise with the matters and things contained !n this agreement. "!either the right of supervision
<br />by the Licensor of the location, Installation, operation end the maintenance oL said private way, nor the exercise
<br />or (allure to exerrlse Bald right, nor the approval or failure to disapprove, by the Licensor o[ the location. Installation,
<br />operation and maintenance o[ said private way, nor Ne election o[ the Licensor to construct or reconstruct the whole
<br />or any port or to repelr sold prlvete way, shell be deemed a waiver of the obligations of the Licensee contained Sri Nla
<br />paragraph or n release therefrom, or from any other oblgation of this agreement resting upon Bald Licensee that Is
<br />herelnbefate or.herelnefter expressed or Smelled.
<br />'; 30. , It the ~Llcensee~ shall fell to locate, construct, operate, repair, extend, renew or remove said prlvete way
<br />In accordance with the terms of this agreement end to the entire satl[aclion of the Licensor, or shall foil to pay
<br />to the Licensor any sum oC money for the construction, repelr, extension, renewal or removal of said private way,
<br />or shell fail to ed]ust the said private way to any changes made by the Licensor, or shall In any respect fell to keep
<br />and perform any of the condltfons, stfpulatlons, covenants end provisions of this agreement to be kept and performed
<br />by the said Licensee, this agreement shall at the option of the Licensor be void end of no effect: and this Ilcense
<br />shall cease rind the Licensor shall have the right to remove sold prlvete way and restore the right of way end
<br />• premises of the Licensor et any time thereafter flt the sole expense of the Llcersee. Ary forfeiture hereunder may
<br />J be claimed by the Licensor without nonce to the Licensee. Any nonce herein provided for shall be sutflclently given
<br />and delivered it mailed !n an envelope properly stamped and addressed to the Licensee e[ the last known post otflce
<br />address, or 11 no address is known, at the post otflce nearest to the place where the said prlvete way la located.
<br />11. Nonuser of such private way for the purpose for whfch IC was originally constructed, continuing et say
<br />pme for the period oL one year, shall eonsUtute sn abandonment of this license. Unless so abandoned or terminated,
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