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Operation. Deposit. FORM 2 2 0 7 Upon the completion o f the construction of the Track the Bailroad Company shall operate the same for the term of this agreement, subject to, and to the extent as contemplated by, lawful ta riffs applicable thereto, with the understanding, however, that the Bailroad Company shall not be obligated to operate the Track i f it shall be prevented or hindered from so doing by acts o f God., public authority, strikes, riots, labor disputes, or by any cause beyond its control. Section 3. Before any construction is begun, the Industry shall deposit with the Bailroad Company ? (-n) thn imm nf .............. , , , ... . ................ , ........................................... Payment o f Bills. Definition o f Cost. Expense for Privilege. Ownership o f Track. dollars ($ ........... _......... . . . ) , being the estimated amount of the cost .o f the cnnaigmTfrtnn hv the Bailroad Com­pany o f that portion of the Track between the switch p oint^ad-ih-e-cisSrancep o int within the right of way of the Bailroad Company, which amount shall ha r e & w i * t . h a Tndnatry at the rate of two dollars ($2.00.) for each car of'carload -fra-i^Vit d reyenue to the Bailroad Company delivered on or shipped from ike Track dm inn Mm |iT>-inH 0f three (3 ) years next ensuing after the date o f completion of the Track unless fg r egate amount o f such refund payments shall sooner oqunl tho said amount, and* ? (b) the sum of.. Sixteen- -hundred- -seventy • -and • no/100— -------- dollars ($ 1 6 7 0 .. O Q . . . ,), being the estimated ambunt o f that portion o f the cost incident to the construction o f the Track by the Bailroad Company which the Industry is to bear as herein provided^ M M ,nm rH ji£r i n fill t f . ....................... i . . . i ......................... ................ dollnjo ($ ........................... )„ I f the aetual amount shall prove to be more or less than the estimated amount, the difference shall be promptly paid by the Industry or refunded by the Bailroad Company as the case may be. Bills for expense properly chargeable to the Industry, other than that fo r which the above mentioned deposit is made, shall be paid by the Industry within thirty (30) .days after presentation by the Bailroad Company. ist” for the purpose bf this agreement shall be all assignable costs. phw-’-10% (oxoopt on value l.atm al and Btnmints representing- fu ll ta r iff freight, ehg.rgpg m material) in un-gar olomonto eaponoo not--capable-o f exact ascertainment Material-shall be charged at its current value when and where used, Section _ 5. The Industry shall pay all compensation and assessments required at any time by any munici- B m I Public authority, corporation, firm or person for the privilege o f constructing, maintaining and operating tjlic Track. | Section 6. The Railroad Company shall own all that portion of the Track located within the limits of its right or way and within the limits o f any public streets and/or alleys where the strip of land occupied by the Track in such streets and/or alleys forms one continuous area with the right o f way o f the Railroad Company; but, upon the discontinuance of the use of the Track for handling shipments to and. from .the Industry, the Rail­road Company shaM pay to the Industry the then salvage value of the usable material originally paid' fo r by the Industry contained in that part of the Track owned by the Railroad Company beyond the clearance point, less the cost qf recovering it. ’ Tbe portion of the Track to be owned by the Bailroad Company is indicated line between pointsi marked---- A. -&R,d- -B-............ v„on Exhibit A. The. remainder of the Track (B -ahy) shall be owned by the Industry. Section 4. hJ ??? yellow The Bailroad Company shall have the right to use the Track when not to Bight of Bail- ,<? Section the detriment of the road Company Industry, to use. Clearances. Section 8. "No building, platform or other structure shall be erected or maintained and no material or ob-struction o f any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (81 feet 1|| (6 ) inches to the center line o f the Track; PRO VID ED , however, that in the case o f platforms not higher than four (4 ) feet above the top o f the rail a minimum clearance o f seven (7 ) feet three (3 ) inches from the center line of the Track w ill be permitted; and PBOVTDEP further that along and adjacent to, and for one car length beyond,.all .portions o f the Track having a curvature greater than ten (10) degrees the' Clearances hereinbefore provided shall, With reference to platforms four (4 ) feet or less in height, be increased horizontally six (6 ) inches and with reference to all buildings, platforms, structures and other obstructions greater than four (4 ) ’ feet in height, be increased horizontally one (1 ) foot; and PRO VID ED further that i f by statute dr order o f com­petent Public authority greater clearances shall be required than those provided fo r in this Section 8, then the Industry shall strictly comply with such statute or order. A ll doors, windows or gates shall be of the sliding typo H d open toward the inside o f the building or enclosure when such building or enclosure is so located that the said doors, windows or gates i f opening outward, would, when opened, impair the clearances in this section prescribed. The Industry shall not locate or permit the location or erection o f any beams, pipes, wires or other obstruc­tions over or under the Track without the written consent o f the ^Railroad Company. Liability. Tt understood that the movement o f railroad locomotives involves some risk o f fire, and the Industry -jftsumes all responsibility fo r and agrees to indemnify the Bailroad Company against loss or damage to property of the Industry or to property upon its premises, regardless o f the Bailroad Company’s negligence, arising from fire caused by locomotives operated by the Bailroad Company on the Track, or in its vicinity, for the purpose o f serving the Industry, except to the premises o f the Bailroad Company and to rolling stock belonging to the Bail­road Company or to others, and to shipments in the course of transportation. The Industry also agrees to indemnify and hold hairffieks the Bailroad' GompanjC fo f loss, damage or injury from any act or omission o f the Industry, its employees or agents, to the person or property o f the parties hereto H I “ eir employees and agents, and to the person or property o f any other person or corporation, while on or about the Track; and i f any claim or liability other than from fire shall arise from the joint or concurring negligence of the parties hereto (or o f any two or more of them i f there be more than tw o), it shall be borne . equally by the parties at fault. ? Subdivision (a ) is to be disregarded that portion of the Track between ; is provided in Section 2 that the Bailroad pitch point and the clearance point. lan y shall construct at its expense Eearrangement Section 10. The o f Track - Company may rearrange or reconstruct t h e ^ K k or m odify the elevation thereof whenever necessary or d * % b le m connection with the improvement of its^roperty or changes in 'its tracks at w near the location o f the Track, provided that the Industry shall continue to have similar trackage without additicmal cost to the Industry. In the event, however, that a rearrangement or reconstruction of the Track or modification of the elevation thereof, is required by reason of or as a result o f any law, ordinance or other public m m m 0,r,reg^ atlT° n> or, bF r®af° £ of S happening o f any contingency over which the Bailroad Company has 1 no control, then the Industry shall bear the cost of such rearrangement, reconstruction or modification. Nothing f l l l f B A ™ talne^ f aJl1? an7 wa7 a f f eet the right of the Bailroad Company to terminate this agreement under the conditions set forth m subparagraph (e ) o f Section 12, hereof. ° t I H H I e°ntraet I8 madB ^ c o n t e m p l a t i o n ®f all applicable restrictive orders and regulations Restrictions. o f the United States Government now or hereafter m effect and, accordingly, it is expressly conditioned Ip o n the t o p e r i o m f t e w r 3 Company to secure and furnish labor and materials and to secure any necessary authority Termination. Assignment. Successors and Assigns. ? iU fflj H The Bailroad Company, after giving sixty (60) days’ written notice to the Industry o f its inten­tion so to do, may terminate this agreement and take up and remove that portion o f the Track owned by it, i f way ^ve^ th ^ T Y a ek -868 a eontinuous Period o f on® y®ar the doing o f business in an active and substantial unLr^this agremnent^ or ^ t0 ke6P eaCh and every obligation, condition and stipulation stated in or resulting (c ) the Bailroad Company is required by law, ordinance or police regulations, or changed conditions, to ele­vate or depress or otherwise change its tracks at or near the location of the Track, so as to make it im­practicable, m the judgment o f the Bailroad Company, to continue the operation o f the Track. . m B B j 3' T be Industry shall not assign this agreement or any interest therein without the written consent ot the Bailroad Company and fo r any departure in this respect, the Bailroad Company may terminate this agreement. Section 14. Subject to the provisions o f Section 13 hereof, this agreement shall be binding upon and inure to the benefit o f the parties hereto, their heirs, executors, administrators, successors and assigns. H i f l W ITN E SS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. * LOS ANGELES & SALT LAKE RAILROAD COMPANY GNION PACIFIC RAILROAD COMPANY Witness: ....... By. •Vi e-e-P-raSI-dent- Attest/ yy ~ Secretary IAS--VA-3 ?DU President