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5OO
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<br /> CABARRUS COUNTY, North Carolina, an instrumentality created pursuant to
<br />the laws of the State of North Carolina, hereinafter styled Licensee:
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<br /> 1. Company grants unto Licensee, insofar as its title enables it so to
<br />do, the license, as a personal privilege and not transferable without the
<br />written consent of Company, to construct and maintain a twelve-inch (12")
<br />water pipeline across and under the right of way or property (hereinafter
<br />called "property") of Company, at or near HARRISBURG, North Carolina, located
<br />2,525 feet southwest of Milepost 361; the aforementioned installation,
<br />hereinafter called "Facility", being that identified and located
<br />substantially as shown on annexed print of Drawing marked Exhibit A, dated
<br />August 1, 1988 (furnished by Licensee).
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<br />Licensee will pay the sum of $50.00 as a consideration for the license hereby
<br />granted. Licensee further agrees to reimburse Company, upon bill rendered
<br />for any and all expenses which may be incurred by Company, resulting from or
<br />in connection with any such special engineering studies, field supervision or
<br />flagging protection as Company may find necessary to perform in connection
<br />with the installation or maintenance of said Facility.
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<br /> 2. Licensee will construct and maintain Facility, at its expense, in
<br />such manner as will not interfere with operations of Company or endanger
<br />persons or property of Company, and in accordance with (a) plans and specifi-
<br />cations (if any) shown on said print and any other specifications reasonably
<br />prescribed by Company, (b) applicable regulations prescribed by statute or by
<br />governmental authority, and (c) applicable specifications adopted by the
<br />American Railway Engineering Association when not in conflict with plans,
<br />specifications or regulations mentioned in (a) and (b) above. Licensee shall
<br />give the Division Superintendent of Company at least 72 hours' advance notice
<br />of Licensee's intention to begin construction of said Facility. Licensee
<br />will, at its expense, make such changes in location, grade or construction of
<br />Facility, as may be, at any time, required by Company.
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<br /> 3. Whenever cathodic protection is installed, Licensee will notify
<br />Company prior to its being placed in service in order that tests may be
<br />conducted on Company's signal and communications systems for possible inter-
<br />ference. If said Facility causes degradation of the signal or communications
<br />facilities of Company, Licensee, at its expense, will relocate the cathodic
<br />protection and/or provide such necessary protection and/or corrective equip-
<br />ment as may be necessary to eliminate said interference to the satisfaction
<br />of Company. This provision applies to the existing signal and communications
<br />equipment of Company and to any said signal or communications equipment which
<br />Company may install in the future.
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<br /> 4. If Facility endangers or interferes with operations of Company or
<br />if Licensee is in default hereunder and does not remedy such default or
<br />condition after notice by Company so to do, this license may be revoked by
<br />Company and Licensee shall, at its expense, upon written notice by Company,
<br />and in any event upon termination of this agreement by either party as
<br />hereinafter provided, remove Facility from Company's property and restore
<br />said property to its condition existing prior to construction of Facility.
<br />If Licensee fails to remove Facility, Company may do so at Licensee's
<br />expense. If an emergency arises which in Company's judgment requires
<br />immediate repairs to Facility, Licensee will, upon request, do the necessary
<br />work, or failing so to do, Company may make such repairs at Licensee's
<br />expense.
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<br /> 5. Said Facility shall be constructed and maintained at the sole risk
<br />of Licensee and Licensee agrees, without regard to negligence on the part of
<br />Company or any other corporation controlling, controlled by or under common
<br />control with Company, to save Company or any other corporation controlling,
<br />controlled by or under common control with Company, wholly harmless from and
<br />against all claims, damages, expenses and liability (whether or not such
<br />liability has been judicially determined) for loss of life, personal injury
<br />or damage to property, resulting from or in any manner attributable to the
<br />construction, maintenance, use, operation or presence of the Facility, or to
<br />the presence of the equipment or employees of License~, on Company's
<br />property.
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