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<br />Form C-1
<br />July, 1982
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<br />Grantee agrees to indemnify, hold harmless and defend Grantor against all liability,
<br />cost and expense (including without limitation any fines, penalties, judgments, litigation costs
<br />and attorney fees) incurred by Grantor as a result of Grantee's breach of this section, or
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<br />8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules
<br />and orders, regardless of when they become or became effective, including without limitation
<br />those relating to health, safety, noise, environmental protection, waste disposal, and water
<br />and air quality, and furnish satisfactory evidence of such compliance upon request of Grantor.
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<br />Should any discharge, leakage, spillage, emission, or pollution of any type occur upon
<br />or from the premises due to Grantee's use and occupancy thereof, Grantee, at its expense,
<br />shall be obligated to clean the premises to the satisfaction of Grantor and any governmental
<br />body having jurisdiction thereover.
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<br />7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense,
<br />shall reconstruct, alter, make changes in the location of said structure, or otherwise improve
<br />said structure upon receipt of written notice from Railroad so to de.
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<br />Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing
<br />any materials or performing any labor in connection with the construction, reconstruction,
<br />maintenance, and removal of said structure, including, but not limited to, ~
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<br />the furnishing of such watchmen, flagmen, and inspectors as Railroad deems necessary.
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<br />6. Grantee shall bear the entire cost and expense of constructing, reconstructing, and
<br />maintaining said structure upon said property. Grantee agrees that all work upon or in
<br />connection with said structure shall be done at such times and in such manner as not to
<br />interfere in any way whatsoever with the operations of Railroad. The plans for and the
<br />construction or reconstruction of said structure shall be subject to the approval of Railroad.
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<br />5. The rights herein granted to Grantee shall lapse and become void if the construction
<br />of said structure upon said property is not commenced within one (1) year from the date
<br />first herein written.
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<br />4. This grant is made subject to all licenses, leases, easements, restrictions, conditions,
<br />covenants, encumbrances, liens, and claims of title which may affect said property and the
<br />word "grant," as used herein, shall not be construed as a covenant against the existence of
<br />any thereof.
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<br />3. This grant is made subject and subordinate to the prior and continuing right and
<br />obligation of Railroad, its successors and assigns, to use all the property described herein in
<br />the performance of its duty as a common carrier, and there is reserved unto Railroad, its
<br />successors and assigns, the right (consistent with the rights herein granted) to construct,
<br />reconstruct, maintain, and use existing and future railroad tracks, fac:i1ities and appurtenances
<br />and existing and future transportation, communication, and pipeline facilities and appurtenances
<br />in, upon, over, under, across, and along said property.
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<br />Absence of markers does not constitute a warranty by Railroad of no subsurface
<br />installa tions.
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<br />2. Project markers in form and size satisfactory to Railroad, identifying the facility
<br />and its owner, will be installed and constantly maintained by and at the expense of Grantee
<br />at Railroad property lines or such locations as Railroad shall apprOlve. Such markers shall
<br />be relocated or removed upon request of Railroad without expense to Railroad.
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<br />..: La Porte, Ci ty of La Porte "
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<br />DK28 ~1 FHP/kds - VIII, - l1i19/82
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