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• from and against any and all liability for damage to the foregoing pipes, wires, conduits,
<br /> sewers, piling or other obstructions, if any, caused by the construction or maintenance of
<br /> Licensee's pipe line. The Railroad Company makes no representation by the granting of
<br /> this license that its property is free of any such pipes, wires, conduits, sewers, pilings or
<br /> other obstructions. The Licensee's obligations hereunder shall survive the termination or
<br /> expiration of this agreement.
<br /> 5. The Licensee shall not carry on any work in connection with the installation,
<br /> maintenance, repair, changing or renewal of the pipe line underneath or in close proximity
<br /> to any railroad track at the above described location before giving the Chief Engineer at
<br /> least three (3) days'written notice at his headquarters located at Minneapolis, Minnesota,
<br /> and not until an authorized representative of the Railroad Company shall be present to
<br /> supervise same. Upon bills being rendered therefor,the Licensee shall promptly reimburse
<br /> the Railroad Company for all expenses incurred by it in connection with such supervision,
<br /> 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
<br /> temporary supports for said tracks, which said Chief Engineer or his authorized
<br /> representative may consider necessary while such work is in progress.
<br /> 6. The Licensee, at the Licensee's sole expense, whenever notified to do so, shall
<br /> promptly make such repairs to or changes in the pipe line, including change in location, as
<br /> • said Chief Engineer or his authorized representative shall for any reason consider
<br /> necessary and require. The Railroad Company shall have the right, at its election, to make
<br /> emergency repairs to the pipe line, and in such event the Licensee, upon bills being
<br /> rendered therefor,will promptly reimburse the Railroad Company for all expenses incurred
<br /> in connection therewith.
<br /> 7. Maintenance and use of the pipe line upon and across the Railroad Company's
<br /> property at the above described location, however long continued, shall not vest in the
<br /> Licensee any rights adverse to those of the Railroad Company.
<br /> 8. As one of the material considerations of this agreement, without which the
<br /> license granted hereunderwould not be granted,the Licensee expressly assumes any and
<br /> all risk of damage to or destruction of the pipe line through any cause whatsoever while
<br /> located upon or across the Railroad Company's property, and hereby releases and agrees
<br /> to indemnify, hold harmless and defend the Railroad Company and its directors, officers,
<br /> stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and
<br /> assigns, or anyone acting on its behalf or their behalf, from and against any and all Claims
<br /> (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
<br /> regulation) of every kind, past, present and future, existing and contingent, known and
<br /> unknown, arising from any injury to persons, firms or corporations whomsoever(including
<br /> the parties hereto and their employees, agents and invitees), including injuries resulting in
<br /> death, and damage to property whatsoever (including property of the parties hereto),
<br /> • wherever such persons or property are located, caused by or attributable to, in whole or
<br /> FORM 300.4/97.STD
<br /> PIPELINE (1X) NO. 30729
<br /> ST. ANTHONY(WILSON), MN -2-
<br /> Canadian Pacific Railway
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