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October 12, 1926-
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<br /> SIXTH: That the Licensee shall at Li~ensee's expense keep in good and neat condition
<br />to the satisfaction of said Engineer M~ntenanoe of Way, the portions of said right of w~y
<br />upon or ~der w~ieh said pipe lines are laid, and for the purpose of so doing, as well as for
<br />the. purpose cT maintaining sai~ pipe, shall have the privilege of entering upon such right
<br />of way at reasonable hours and in such manmer as not to interfere With the business of the
<br />RaiLroad Company.
<br /> SEVENTH: That the Licensee shall and does hereby assume all risk of and liability for
<br />loss, i~j~ry or d~mage to the employees of the Railroad Oompany, to the property of the Railroad
<br />Oompany, $~d to other persons and prope~y accruing in any manner ou~ of ~h~_ma~tenance,.__
<br />operation, presence or removal of said p~pe lines, or a~y part thereox, ant ~ne ~icensee
<br />at all times indemnify and save harmless the Railroad Co~pany from .all losses, damage and ex-'
<br />pense which the Ral±ro~d Company m~ sustain resmlting from losses, i~jury or damage as afore-
<br />said.
<br /> EIGHTH: That this agreement m~y be terminated by the Railroad Oom~pany on thirty (30) days
<br />written notice in the event of the failm~e of Licensee to keep and p~rmerm any of the agree-
<br />ments herein contained to be on its ps~v~ kep~ and performed, ~ni~s~, so ~ermimm~ed, this a-
<br />greement sh~l continue in fores and effect for~a period of five ~5) years from the~ First day
<br />of July, 1926, and thereafter until terminated by thirty (30) days written nomlee by either
<br />party hereto to the other.
<br /> NINTH: That, upon the termination hereof in ~ny ms~.uer whatsoe~er, the Licensee will
<br /> move s~id pipe from said right of way and from~mderneath ssdd tracks and shall restore said
<br /> right of way. and tracks to a condition satisfactory to the Railroad Company.
<br />
<br /> IT IS UNDERSTOOD AND AGREED that Licensee shall~have the right if it so desires, at any
<br /> time during the continmance of this agreement, tc replace the said line of wood stave pipe or
<br /> any portion thereoZ with cast iron pipe, sub~ect however to the work being done in a manner
<br /> entLre£y satisfactory to the Engineer Maintenance of Way of the Railroad Company, and mbjeet
<br /> to all of the terms of this contract.
<br />
<br /> IT IS FuRTHER UNDERSTOOD AND AGREED, That this agreement shall not be binding until it has
<br /> been ratified by proper ordin~uce or resolutiou of the City Council of the second party, a copy
<br /> of which resolution or ordim~nce is atte~hed hereto and madepart of this agreement.
<br />
<br /> THIS AGREE~NT ca~cels mud supersedes the ssdd sg~eement dated July 1st, 1~2, between~
<br /> the Norfolk & Oaroli~ Railroad Oempany, the Portsmouth & Suffolk Water Oompany and the Nanse-
<br /> mond Water Company,. ooverLng the sai~ 2G-inch pipe; also the said sgreement dated August 23,
<br /> 1~£~, between the Atlantic Coast Line P~iLroad Compemy, the United States of America, and the
<br /> City of Portsmouth, covering the said 3C-inch pipe.
<br /> IN WITNESS WHEREOF, the R~ilrcad has caused this agreement to be ~signed in duplicate
<br /> by its ~roper officer, and the second pa~ty has eamsed ~he same to be signed by its Nayo~, at-
<br /> tested by its Olerk, ~ud approved and ratified ~y its City Ocun¢il in session at a duly autho-
<br /> rized and called meeting of said body, and its corporate seal affixed on the d~y and year
<br /> fLV~st above w~ltten.
<br />
<br /> ~itnesses: ATLANTIC 00AST LINE RAILROAD CO.
<br />
<br />By:
<br /> Executive Vice-President.
<br />
<br />Approved:
<br />
<br /> CITY O~ PORTSMOUTH,
<br />
<br />By:
<br />
<br />Attest:
<br />
<br />Approved:
<br />
<br />VIRGINIA.
<br />
<br />Mayor
<br />
<br />OlerE.
<br />
<br />Engineer Mainten~uce of Way
<br />Approved:
<br />
<br />Approved:
<br />
<br />Smperi~tendent.
<br />
<br />General Superintendent.
<br />Approved as to form:
<br />
<br />Approved:
<br />
<br />Real Estate Agent.
<br />
<br />Approved:
<br />
<br />Co.scl.
<br />
<br />Ohie f, Engineer
<br />
<br />Assist~t General Manager.
<br />
<br /> Dr. Dunford moved that the ce~t~act ~e approved, and ~hat ~he following resolutie~ be
<br />adopted in connection therewith:
<br />
<br /> "WHEREA~, m~der an agreement dated J~ly Is%, 18~2, between the Norfolk ~ Carolina Railroad
<br />¢omp~uy (one of the predecessor companies of the Atlantic ~o~st Line Railroad Company) an~ the
<br />Portsmomth and Su~ffolk ~ater Company and the Nansemend Water Company ther~ was e~nstr~ete~ on
<br />
<br />
<br />
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