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LICENSE FOR UNDERGROUND INST~LL~TION <br /> <br /> THIS AGREEMENT, made and entered into this 28th day of MAy , <br />19 92, by and between ABERDEEN, CAROLINA & WESTERN RAILWAY COMPANY, hereinafter -- <br />referred to as '~ailway", of the first part, and Water & Sewer District of Cabarrus ~oun <br />hereinafter referred to as "Licensee", of the second part. <br /> <br /> WITNESSETH THAT, for and in consideration of the mutual terms, covenants and <br />conditions hereinafter set forth, the parties hereto have agreed to and with each <br />other as follows,.to wit: <br /> <br /> 1. Railway hereby permits Licensee to install under and across Railway's <br />property, right-ofvway, and tracks: <br /> <br /> Location: MilePost 368. + 1890' Midland, NC <br /> <br />and the right thereafter to maintain, operate, repair, renew, and remove the same, <br />which with all connections and appliances used therewith on or under Railway's <br />property ~nd right-of-way shall be hereinafter referred to as the "installation". <br /> <br /> 2. At all points where any of the installation shall pass under the roadbed and -- <br />tracks of Railway, the following specifications shall apply: <br /> <br />This installation shall be a minimum of five feet six inches (5'6"} <br />below the top rail of the track. <br /> <br /> 3. Licensee shall take full responsibility and bear the entire cost of <br />installing, maintaining, operating, repairing, renewing, and removing said <br />installation including any work that may then have to be done in connection with the <br />maintenance of train operations over the tracks and right-of-way of Railway. <br /> <br /> 4. Licensee agrees that it will not undertake to install, repair, replace, or <br />remove any portion of the installation.until after the reasonable notice, confirmed <br />in writing, to Railway as to the time such work is proposed to be done, and further <br />agrees to pay Railway for the hire of a man to be stationed at the place where such <br />work is being done, who shall be authorized to see that such work is done in a manner <br />consistent with the safe condition of the tracks and roadbed for all train operations <br />thereover, and sucb:_~an, while so engaged, shall be considered the servant and agent <br />of Licensee; LicenSee further agrees to reimburse Railway for any and all expenses <br />Railway may incur in connection with keeping it's tracks and roadbed in a safe <br />condition for train operations thereover while the installation is being installed, <br />repaired, replaced, or removed. Licensee shall make every effort to notify Railway <br />if emergency work becomes necessary. <br /> <br /> 5. Licensee shal~ at all times keep and maintain the installation and surface <br />of Railway's right-of-way over and around same in a safe and proper condition so that <br />all trains may be operated with safety over the [racks and right-of-way of Railway <br />and so that the surface of Railway's right-of-way may be used with safety by Railway, <br />it's employees, and others having a lawful right thereon and further agrees that if <br />any portion of the installation is ever removed that it will properly refill all <br />excavations and restore the premises of Railway to good and safe condition. <br /> <br /> 6. Licensee further agrees that the installation, or any repairs thereto or <br />replacements thereof, shall be subject to the approval of the Chief Engineer; it <br />being understood and agreed that should Licensee fsil to keep and maintain the <br /> <br /> 1 <br />WSD -~ <br /> <br /> <br />