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<br />Form C-l
<br />July, 1982
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<br />The word "Railroad," as used in this section, shall be construed to include, in addition
<br />to Railroad, the successors, assigns, and affiliated companies of Railroad. aamtx~
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<br />13. Should Grantee, its successors or assigns, at any time abandon the use of said
<br />property, or any part thereof, or fail at any time to use the same for the purpose contemplated
<br />herein for a continuous period of one (1) year, the right hereby given shall cease to the
<br />extent of the use so abandoned or discontinued, and Railroad shall at once have the right,
<br />in addition to, but not in qualification of, the rights hereinabove reserved, to resume exclusive
<br />possession of said property or the part thereof the use of which is so discontinued or abandoned.
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<br />Upon termination of the rights and privileges hereby granted, Grantee, at its own cost
<br />and expense, agrees to remove said structure from said property and restore said property
<br />as nearly as practicable to the same state and condition in which it existed prior to the
<br />construction of said structure. Should Grantee in such event fail, neglect, or refuse to
<br />remove said structure and restore said property, such removal and restoration may be performed
<br />by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad
<br />upon demand, or Railroad may, at its option, assume ownership of said structure.
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<br />12. Insofar as it lawfully may, Grantee agrees to release and indemnify Railroad, its
<br />officers, employees, agents, successors, and assigns, from all claims, liability, cost, and
<br />expense, howsoever same may be caused, including reasonable attorney fees, for loss of or
<br />damage to property and for injuries to or death of persons arising out of the construction,
<br />reconstruction, maintenance, presence, use, or removal of said structure, regardless of any
<br />negligence or alleged negligence on the part of Railroad employees.
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<br />0,1 11. In the event any work upon or in connection with said structure or its appurtenances,
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<br />contractor by Grantee, such work shall not be begun until such contractor shall have first
<br />entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad
<br />from and against all claims, liability, cost, and expense growing out of the performance of
<br />the work to be done by such contractor.
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<br />9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and
<br />all assessments which may be levied by order of any authorized lawful body against the
<br />property of Railroad (and which may have been paid by Railroad) to defray any part of the
<br />cost or expense incurred in connection with the construction of said structure upon said
<br />property commenced within one (1) year from the date first herein written.
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<br />10. Grantee, its agents and employees, subject to provisions hereof, shall have the
<br />privilege of entry on said property for the purpose of constructing, reconstructing, maintaining,
<br />and making necessary repairs to said structure. Grantee agrees to give Railroad five (5)
<br />days' written notice prior to commencement of any work on said structure, except emergency
<br />repairs, in which event Grantee shall notify Railroad's authorized representatives by phone.
<br />Grantee agrees to keep said property and said structure in good and safe condition, free
<br />from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If
<br />Grantee fails to keep said property and said structure in a good and safe condition, free
<br />from waste, then Railroad may perform the necessary work at the expense of Grantee, which
<br />expense Grantee agrees to pay to Railroad upon demand.
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<br />as a result of any such discharge, leakage, spillage, emission or pollution, regardless of
<br />whether such liability, cost or expense arises during the life of this indenture unless such
<br />liability, cost or expense is proximately caused solely by the active negligence of Grantor.
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<br />IK28 DC4l(P2) FHP/kds - VBI '- 11';-19/82.- La Porte, Ci ty of :La Port-e
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