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<br />2. the Licensee shall, at the sole cost and expense of the Licensee, maintain, repair, and
<br />reconstruct, whenever necessary and when required so to do by the Licensor, said Private Way and all its
<br />appurtenances in accordance with plans and in a mararer satisfactory to the Licensor; and at all tines keep
<br />said Private Way in a good state of repair; the Licensor, however, shall have the right, if it so elects,
<br />,,; at any time, though it shall be order ro obligation whatever to do so, to make necessary or proper repairs
<br />`~~ or to reconstruct said Private Way, notwithstanding the obligation of the Licensee to maintain, repair and
<br />reconstruct; and in the event the Licensor at any tirre elects to repair or reconstruct said Private Way,
<br />the Licensee shall, upon presentation of estimates, advance such sum of money as the Licensor may dean
<br />necessary for such repair or reconstruction, or upon bill being rendered for work already done, the
<br />Licensee shall reimburse the Licensor for the cost of such repair or construction. The optional right of
<br />the Licensor Co make repairs or to reconstruct said Private Way shall in ro marurer or degree relieve the
<br />Licensee fran responsibility to the Licensor or to other persons or corporations for the failure of the
<br />Licensee to properly maintain or reconstruct said Private Way, or any structure which the Licensee agrees,
<br />as aforesaid to maintain or reconstruct.
<br />3. 11e Licensee, at the Licensee's expense, shall keep the flangeways at said Private Way clean
<br />and free from dirt, rocks and other material, and shall not foul or permit the fouling of any track of the
<br />Licensor, or permit any cordi[ion which will interfere with the safe operation of locomotives, cazs or
<br />trains over said Private Way.
<br />4. 'lhe Licensee agrees to pay to [he Licensor, in advance, the sum of $500.00, as consideration
<br />for license and permit herein granted.
<br />5. if at any time after the installation of said Private Way, any law, State or Federal, or arty
<br />officer or regulatory board or comnissiar, State or Federal, having jurisdiction, shall require arty
<br />alterations, changes or ir~rrovementa of said Private Way and of its appurtenances, as herein defined, or
<br />any additional safeguards, protection, signals or warnings, the same shall be constructed, maintained and
<br />operated at the sole expertise of the Licensee, as herein provided with respect to maintenance, repair,
<br />reconstruction, etc., in pazagraph 2 hereof.
<br />6. the Licensee shall rot enter upon the prenises for the purpose of constructing said Private
<br />Way nor for Cire purpose of repairing or renewing the sere, without special written License or permit first
<br />had and obtained fran the Licensor, or the Licensor's duly authorized agent, except in cases of emergency
<br />when work is necessary to avert loss or damage to property. All work of construction, maintenance,
<br />operation or reconstruction shall be done by the Licensee in such manner as to cause no interference with
<br />the constant, continuous and ininternpted use of the tracks and property of the Licensor as to operation,
<br />~intenaroe, renewals or possible new construction by the Licensor.
<br />7. This License shall rot be deemed to give the Licensee exclusive possession of any part of the
<br />premises described, buC the Licensor shall have unimpaired right to retain its track or tracks as now
<br />owned and operated at the place of construction of such Private Way, and nothing shall be done or suffered
<br />to be done by the Licensee at any time that shall in any mariner impair [he usefulness oc safety of said
<br />track or tracks of the Licensor or of any track or irrWrovement to be hereafter constructed. The Licensor
<br />shall have the right at any and all times hereafter to construct, maintain and operate such additional
<br />tracks, structures and irrrarweients where said Private Way is to be constrvct~ and across the save, as it
<br />Licensor, said Private Way shall be altered or entirely remrved by the Licensee at the sole cost and
<br />. expense of the Licensee, in sw:h mariner as may be necessary to conform to the tracks, building or
<br />- .' imprwerents of the Licensor as so changed, altered or irrWroved, and if the Licensee shall fail to do any
<br />of the things in this paragraph enumerated, the Licensor say do or cause the sore to be dore at the cost
<br />• of the Licensee.
<br />' 8. the Licensee assumes the entire burden and duty of keeping the gates at said Private Way
<br />locked when not in use, and the sole duty and burden of preventing the use of said Private Way by any
<br />persons, firms or corporations, other than those mentioned herein for whose benefit said Private Way is
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