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5. The Licensee shall not carry on any work in connection with the installation, maintenance,
<br />repair, changing or renewal of the pipe line underneath or in close proximity to any railroad track at the
<br />above described location before giving the Chief Engineer at least five (5) days' written notice at his
<br />headquarters located at Minneapolis, Minnesota, and not until an authorized representative of the
<br />Railroad Company shall be present to supervise same. Upon bills being rendered therefor, the Licensee
<br />shall promptly reimburse the Railroad Company for all expenses incurred by it in connection with such
<br />supervision, including all labor costs for flagmen supplied by the Railroad Company to protect railroad
<br />operations, and for the entire cost of the furnishing, installation and later removal of any temporary
<br />supports for said tracks, which said Chief Engineer or his authorized representative may consider
<br />necessary while such work is in progress.
<br />6. The Licensee, at the Licensee's sole expense, whenever notified to do so, shall promptly
<br />make such repairs to or changes in the pipe line, including change in location, as said Chief Engineer or
<br />his authorized representative shall for any reason consider necessary and require. The Railroad
<br />Company shall have the right, at its election, to make emergency repairs to the pipe line, and in such
<br />event the Licensee, upon bills being rendered therefor, will promptly reimburse the Railroad Company for
<br />all expenses incurred in connection therewith.
<br />7. Maintenance and use of the pipe line upon and across the Railroad Company's property at
<br />the above described location, however long continued, shall not vest in the Licensee any rights adverse
<br />to those of the Railroad Company.
<br />S. As one of the material considerations of this agreement, without which the license granted
<br />hereunder would not be granted, the Licensee expressly assumes any and all risk of damage to or
<br />destruction of the pipe line through any cause whatsoever while located upon or across the Railroad
<br />Company's property, and hereby releases and agrees to indemnify, hold harmless and defend the
<br />Railroad Company and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries,
<br />predecessors, successors and assigns, or anyone acting on its behalf or their behalf, from and against
<br />any and all Claims (including without limitation any Claims arising under any Environmental Law and all
<br />Claims arising at common law, in equity or under a federal, state or local statute, rule or regulation) of
<br />every kind, past, present and future, existing and contingent, known and unknown, arising from any injury
<br />to persons, firms or corporations whomsoever (including the parties hereto and their employees, agents
<br />and invitees), including injuries resulting in death, and damage to property whatsoever (including property
<br />of the parties hereto), wherever such persons or property are located, caused by or attributable to, in
<br />whole or in part, the presence of the pipe line upon the Railroad Company's property, or any act or
<br />omission of the Licensee (or the Licensee's employees, agents, contractors, representatives, or invitees),
<br />including without limitation the Use or Release of Hazardous Substances by the Licensee and the breach
<br />by the Licensee of any of its warranties, representations or covenants. The Licensee's obligations
<br />hereunder shall survive the termination or expiration of this agreement.
<br />9. If the Licensee shall default on its obligation to make any payment required under this
<br />agreement, the Railroad Company may immediately declare this agreement and the permission herein
<br />granted terminated without advance notice to the Licensee. The waiver by the Railroad Company of a
<br />breach by the Licensee of any provision hereof, shall be limited to the act or omission constituting such
<br />breach, and shall not constitute a continuing or permanent waiver.
<br />10. This agreement shall not be assigned or in any manner transferred by the Licensee,
<br />voluntarily or involuntarily, by operation of law or otherwise, without the advance written consent of the
<br />Railroad Company. Any attempted or purported assignment or transfer by the Licensee without such
<br />consent shall be void. Subject thereto, this agreement shall inure to the benefit of, and be binding upon
<br />the heirs, executors, administrators, successors and assigns of the respective parties.
<br />11. Any notice given by the Railroad Company hereunder shall be good if served personally upon
<br />the Licensee or if deposited in a United States post office, certified mail, addressed to the Licensee at the
<br />Licensee's last known address.
<br />License No. 31970, Little Canada, MN
<br />Pipe Line License Form 300.07I03.std
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<br />CITY OF LITTLE CANADA
<br />CANADIAN PACrrlt RAILWAY
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