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Tuesday, November 22nd. , 1932 4-1
<br />FOURTH: FOURTH: Second Party shall, if requested to do so by Pirst Party, advance
<br />o First Party the estimated cost of said. work end upon the conpletion of said work,
<br />he unexpended balance, if any, shall be returned to Second Party, or if the sum advanced
<br />y Second. Party to First Party is insufficient to pay for the cost of said work, then
<br />econd Party shall pay to First Party such additional sum as.wa.s necessary to complete
<br />aid. work, upon being furnished by First Party with a detailed statement of the amount
<br />nd cost of such additional work.
<br />FIF'M : Whenever it maybe_necessary to make any repairs to or renewals of
<br />aid work in or upon the premises of _ First Party, such repairs or renewals shall be made
<br />nd er the supervision and control of said Chief Engineer of First Party, or his duly
<br />uthorized agent, at the sole expense of Second Party, in such a manner as to interfere
<br />s little as xoos s ible with the premises, property and business of First Party, and
<br />econd Party shall, at the cost and expense of Second Party, restore the premises of
<br />First Party to the same or as good a cond ition as they were in p rior to the making of
<br />in;uch repairs or renewals of First Party may, at its e le ction,make such repairs or
<br />enewalLs, arr7 the expense thereof shall be paid to it by Second Party, as hereinbefore
<br />brovid ed.
<br />SIXTH; Second Party shall end a.t all times hereafter indemnify and save
<br />ha rmle ss First Party from and against any and all detriment, dame €e s, losses, claims,
<br />demands, suits , c osts , or exp enses wh 'ch First Party- may s -ffer, sustain, or be subject
<br />ito, directly or indirectly, caused either wholly or in part by reason of the location,
<br />cons truction, rn.a �_ntenance , us e or presence of sa id work a s pe rmitted by th is 1 icense
<br />;,! or resulting from the removal thereof.
<br />j SEVENTH- This agreement andthe license and privilege it confers may be
<br />i revoked and terminated. at the option of First Party at any time by giving thirty (30)
<br />days' writ ten noti ce to Second Party or by p ost ing such noti ce i n a conspicuous place
<br />where sa id vur•k h^s been done; and upon the expiration of said thirty (30) days after
<br />II service of this notice, this agreement and the license and privilege hereby granted
<br />shall be absolutely terminated and extinguished; and thereupon, Second Party shall
<br />jj remove sa id work from th e p remi ses of Firs t Party and re store same to their former
<br />condition at the expense of Second. Party, or on the failure of Second Party so to do,
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<br />First Party may remove said work at the expense of Second Party, which the latter
<br />hereby expressly eFrees to pay on demand.
<br />+IGHTH: It is understood and agreed by and bet,.• een the parties hereto that
<br />if, at any time or times hereafter, First Party shall desire to make any changes in
<br />j its tracks, structures, roadbed or facilities at the point of crossing, or make any
<br />is changes whatever in, to, upon, over or under the premises owned, controlled or leased
<br />"by said First Party, and cross or in any way affected by the Work of Second Party
<br />under this agreement , then Second Party shall, at its own cost and. expense, upon thirty
<br />ii (30) days' notice in inrriting to that effect from First Party make 'such changes in the
<br />�I loCation or construction of its said work, as in the judgement of the Chief Engineer
<br />11 of First Party may be necessary to accomodate any future construction, improvements
<br />or changes of sr-,M First Party.
<br />N1h1TH: It is agreed that in no event shall any wires, pipes or other
<br />structures, except those herein mentioned and shown on the blue print hereto attached
<br />be.strung or placed across the tracks or upon the property of First Party, without
<br />express permission so to do, in writing from said First Party, to that effect; end
<br />that in that event, a.11 the terms and conditions of this agreement shall. immediately,
<br />upon the giving of such permission for the stringing and placing of such additiohel
<br />wires, pipes or other structures, apply to and cover the same with the same effect as
<br />if the right to string or place them had been incorporated in this agreement.
<br />TM TH: It is understood and agreed by and be . een the parties hereto, that
<br />if at any time during the continuance of this agreement, Second Party hereto removes,
<br />abandons or discontinues tire --use of the 'fork here inabove referred to, this agreement
<br />and all rive is hereby conferred upon said Second Party shall be deemed to be abrogated
<br />and determined as of the date of such removal, abandonment or discontinuance, without
<br />1 furth er act ion on the p art of either pa rty; a nd Second Party covenants and agrees
<br />that, in case said Work hereinabove referred to is at any time during the continuance
<br />of this a greement discontinued or abandoned, sa id Second Party shall, within sixty
<br />(60) days after the abandonment or discontinuance of said Work, actually remove said
<br />Work from the premises of First Party hereto, or cause it to be removed, and if, after
<br />the expiration of sa id s i.xty (60 ) days the said work is not actually removed, it is
<br />'understood that First Party hereto may forthwith remove the same at the risk and expense
<br />of said Second Party, and with cut being in any manner liable to said Second Party for
<br />such removal, and Second Party covenants and agrees to pay to First Party hereto the
<br />:] cost of such removal upon the bill therefor rendered to Second Party. .
<br />ETEVENTH: Second Party shall enact such ordinances or zesolut ions as may
<br />be necessary to make tr is permit a binding a nd subsisting obligation of the party of
<br />Second Party.
<br />The covenants and agreements herein contained shall be binding upon, and shall
<br />inure to the benefit of, the heirs, executors, administrators, successors and assigns
<br />of the parties hereto respectively.
<br />TN V7T.TNESS WT,7.111OF, the parties hereto have duly executed this instrument
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