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<br />licensed; and assumes all liability for damages to or destruction of property, injury to or the death of
<br />persons resulting from the use of said Private Way by persons other than those for whose benefit said
<br />Private Way is Licensed, or resulting Fran the failure on the part of the Licensee to keep the gates
<br />closed and locked and the said Private Way and all of its appurtenances in safe condition.
<br />9. The Licensee shall at all times protect, indemnify and save harmless the Licensor from any and
<br />all claims, demands, judgments, cost, expenses, and all damage of every kind and nature made, rendered or
<br />incurred by or in behalf of any person or corporation whatsoever, in any mariner due to or arising out of
<br />arty injury to or death of arty person, or dotage to property of arty person or persons whomsoever, including
<br />the parties hereto and their officers, families, servants and mrployees, in any manner arising fraa or
<br />growing out of the construction, maintenance, operation, repair, extension, renewal, existence, use or
<br />removal of said Private Way, or the failure to properly construct, operate, maintain, renew or rerove the
<br />same, and from all costs and expenses, including aCtorneys' fees connected in anywise with the matters and
<br />things contained in this Agreement. Neither the right of supervision by the Licensor of the location,
<br />installation, operation and the maintenance of said Private Way, nor the exercise or failure to exercise
<br />said right, nor the approval or failure to disapprove, by the Licensor of the location, installation,
<br />operation and maintenance of said Private Way, nor the election of the Licensor to construct or
<br />reconstruct the whole or any part or to repair said Private Way, shall be deemed a waiver of the
<br />obligations of the Licensee contained in this paragraph or a release therefrom, or from arty other
<br />obligation of this Agreement resting upon said Licensee that is hereinbefore or hereinafter expressed ar
<br />implied.
<br />10. iE the Licensee shall fail to locate, construct, operate, repair, extend, renew or rmwe said
<br />Private Way in accordance with the terms of this License and to the entire satisfaction of the Licensor,
<br />or shall fail to pay to the Licensor any stmt of Honey for the construction, repair, extension, renewal or
<br />remrval of said Private Way, or shall fail to adjust the said Private Way to any changes made by the
<br />Licensor, or shall in any respect fail to keep and perform any of the conditions, stipulations, covenants
<br />and provisions of this license to be kept and performed by the said Licensee, this Agreement shall at the
<br />option of the Licensor be void and of no effect; and this License shall cease and the Licensor shall have
<br />the right to rerove said Private Way and restore the right of way and premises of the Licensor at any time
<br />thereafter at the sole expense of the Licensee. Any forfeiture hereunder may be claimed by the Licensor
<br />without notice to the Licensee. Any notice herein provided for shall be sufficiently given and delivered
<br />if mailed in an ernelope properly stamped and addressed to the Licensee at the last known post office
<br />address, or if no address is km~m, at the post office nearest to the plane where the said Private Way is
<br />located.
<br />11. Non-user of such Private Way for the purpose for which it was originally constructed,
<br />continuing at any time for the period of one yeaz, shall constitute an abandcmrent of this License.
<br />Unless so abandoned or terminated, as hereinabove or hereinafter provided, this License and Agreement
<br />shall remain in full force and effect until terminated by written notice given by either party to the
<br />other party not less than sixty days in advance of the date of such terni.nation; but it is urcleretood that
<br />if at any tine the maintenance and operation of said Private Way shall be inconsistent with the use by the
<br />Licensor, of the right of way for railroad purposes, this License shall immediately cease ipso facto.
<br />12. Within thirty days after the termination of this License howsoever, the Licensee at Licensee's
<br />sole expense, shall, if the Licensor so desires the Licensee to do, rerove the said Private Way (including
<br />all approaches, planking, gates, and a1L other structures constructed in connection with said Private Way)
<br />. and restore the premises of the Licensor, including all right-of~,ray fences, [o a condition which will be
<br />satisfactory to the Licensor, and if Che Licensee fails so Co do, the Licensor may do such cork of removal
<br />. ~ ~ and restoration at the expense of the Licensee. to the event of the removal of the Private Way as in [his
<br />section provided, the Licensor shall not be liable to Che Licensee for [he damage sustained by Licensee
<br />for or on account of such removal, and such reroval shall not prejudice or impair any right of action for
<br />damages or otherwise which the Licensor may have against the Licensee.
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