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` t <br /> • 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, <br /> representatives, or invitees), including without limitation the Use or Release of Hazardous <br /> Substances by the Licensee and the breach by the Licensee of any of its warranties, <br /> representations or covenants. The Licensee's obligations hereunder shall survive the <br /> termination or expiration of this agreement. <br /> 9. If the Licensee shall default on its obligation to make any payment required <br /> under this agreement,the Railroad Company may immediately declare this agreement and <br /> the permission herein granted terminated without advance notice to the Licensee. The <br /> waiver by the Railroad Company of a breach by the Licensee of any provision hereof, shall <br /> be limited to the act or omission constituting such breach, and shall not constitute a <br /> continuing or permanent waiver. <br /> 10. This agreement shall not be assigned or in any manner transferred by the <br /> Licensee, voluntarily or involuntarily, by operation of law or otherwise,without the advance <br /> written consent of the Railroad Company. Any attempted or purported assignment or <br /> transfer by the Licensee without such consent shall be void. Subject thereto, this <br /> agreement shall inure to the benefit of, and be binding upon the heirs, executors, <br /> administrators, successors and assigns of the respective parties. <br /> • 11. Any notice given by the Railroad Company hereunder shall be good if served <br /> personally upon the Licensee or if deposited in a United States post office, certified mail, <br /> addressed to the Licensee at the Licensee's last known address. <br /> 12. The Licensee, at the Licensee's sole expense, within thirty (30) days from the <br /> date of service of notice of termination as above provided, shall take up and remove said <br /> pipe line from the Railroad Company's property at the above described location and restore <br /> said property to a condition satisfactory to said Chief Engineer. Failure on the part of the <br /> Licensee to do so shall constitute an abandonment of the pipe line by the Licensee, and <br /> the Railroad Company shall have the right to remove the whole or any part of the pipe line <br /> from said property and perform said work of restoration, and in either event the Licensee, <br /> upon a bill being rendered therefor, shall promptly reimburse the Railroad Company for all <br /> expenses incurred in connection therewith, plus fifteen percent (15%). <br /> 13. The Railroad Company shall not be required to assume any portion of the cost <br /> of the construction of said pipe line or future maintenance thereof. <br /> 14. The Railroad Company does not warrant title to the above-described property, <br /> and the Licensee shall have no recourse against the Railroad Company in the event the <br /> Licensee shall be required, through the action of any third party, to either remove the pipe <br /> line from the Railroad Company's property or to make any payment to avoid such removal. <br /> • 15. Each provision, paragraph, sentence, clause, phrase, and word of this <br /> agreement shall apply to the extent permitted by applicable law and is intended to be <br /> FORM 300.4/97.STD <br /> PIPELINE (1X) NO. 30729 <br /> ST. ANTHONY (WILSON), MN -3- <br /> Canadian Pacific Railway <br />