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SR 40848 (Var. 200~K Rev. 1i]1187~ ~T ~$ AGRE£~ between SOUTH£R~ PAILt~AY COHPANY, a Virginia corporation, hereinafter styled C~pany; and [lATER A~D SEHER OISTRICT OF CA§ARRUS COtI~TY, North Carolina. acting by and through Its §oard of Con~issioners. hereinafter styled Licensee: I. C~pany grants unto Licensee, Insofar as its title enables it so to do, the license, as a personal privilege and not transferable without the written consent of Company, to construct and maintain a 12-inch water pipeline encased in a 23-loch pipeline across and under the right of way or property (hereleafter cai)ed "property") of Company, at or near DARRISBURG, Ilortb CarD)Ina, at a point 2,795 feet southwest of HIlepost 3Gl; the afore(neetloeed Instal)etlon, hereinafter ca)led "Facility". being that identified and located substantially as show~) on annexed print of Drawing marked Exhibit A, dated February 3, 1989 (furnished by Licensee). Licensee will pay the sum of $§0.00 as a consideration for the license hereby granted. Licensee further agrees to reimburse Co~))pany, upon bi~) reedered, for any and ail expenses which may be incurred by Company, resuJtinB [ro~u or in connection with any such special engineering studies, ~leid supervision or Flagging protection as Caepany may find necessary to perforlll Ill connection with the installation Or (~aJnteeance of said Facility. 2. Licensee wi)) construct and maintain Facility, at its expense, in reasonably prescribed by Company. (bi applicable regulatlo~)s prescribed by adopted by the American Roi)way Engineering Association when not in conflict with plans, specifications or regulations mentioned in (al and (bi above. Licensee shall give the Dlvlsioo Superintendent oF Company at )east 72 hours' 3. Hhenever cathodic protection is Installed, Licensee will notify Interference. If said Facility causes degradatlol) of tile signal or satisfaction of Company. this provision applies to the existing signal and c(zmunicatlons equipment of Company and to any said signal or co~a)~unicatlons equipment ~hlch Company may install in the future. 4. If Facility endangers or Interfere~ with operations of Company, or if Licensee is ia default hereunder and does nok re~edy such default condition after notice by Company so to do, this liceese may be revoked by C~pany and Licensee shall, at its expense, upon ~ritten notice by Co~mtpany, and in any event upon termination of this agreement by eitDer party as property to its condition existing prior to construction of Facility. Licensee Fails to re.ye facility, Co~panymay do so at Licensee's expense. to Facility, Licensee viii, upon request, do tim necessary worK, or ~ai)ieg 5. Said Facility shall be constructed and maintained at the sole