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this Amendment in order to supply the additiolml water contemplated by this Amendment <br /> <br />to another locality or user, or if Chesapeake breaches any duty owed to Portsmouth under <br /> <br />this Amendment, then the aggrieved party shall be entitled to injunctive relief to compel <br /> <br />enforcement of the terms of this Amcmdment and, in the former instance, to bar enforcement <br /> <br />of any other contract for such additional water contemplated herein. This paragraph shall not <br /> <br />limit the rights of either party at law to enforce any provision of this Amendment, and any <br /> <br />rights granted hereUnder to either party are in addition to any rights to which that party is <br /> <br />entitled by law. <br /> <br /> 17. IMPROVEMENTS TO REMAIN PROPERTY OF PORTSMOUTH. All <br /> <br />capital improvements constructed under this Amendment slmll remain the sole property of <br /> <br />Portsmouth. Portsmouth shall be solely liable and agrees to indemn/fy, defend and hold <br /> <br />Chesapeake harmless from any liability, damages and injury arising from or relating to, <br /> <br />directly or indirectly, the construction, operation, maintenance, repair, and replacement of <br /> <br />all capital improvements contemplated under tlfis Amendment, except for liability resulting <br /> <br />from actions of Chesapeake, its agents or employees. <br /> <br /> 18. USE BY CHESAPEAKE OF PORTSMOUTH RIGHTS-OF-WAY. <br /> <br />Portsmouth hereby confirms and grants unto Chesapeake the right to use, without charge, oll <br /> <br />streets, roads, lanes, alleys and other fights-of-way controlled or owned in fee simple by <br /> <br />Portsmouth and located in the City of Suffolk, Virginia, a municipal corporation of the <br /> <br />Commonwealth of Virginia, ("Suffolk"), and also such right-of-way located in Chesapeake <br /> <br />which is parallel to the right-of-way of the former Seaboard Coast Line Railroad (presently <br /> <br />CSX), which are necessary for the construction, operation, maintenance, expansion and <br /> <br /> 10 <br /> <br /> <br />