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8. Since this license is made in part for the benefit of other companies operating
<br />over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either
<br />jointly or severally, as their interests may be joint or several. None of said companies nor the
<br />Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether
<br />due to negligence or otherwise.
<br />9. If Licensee shall at any time fail or refuse to comply with or carry out any of
<br />the covenants herein contained, and such failure or refusal shall continue for a period of thirty
<br />(30) days after written demand for such performance or compliance shall have been made upon
<br />Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this
<br />license, and in case of such election, or upon any termination hereof, Licensee shall, upon
<br />request, forthwith remove the Electric Supply Line and restore said premises to the condition
<br />in which they were prior to the construction of the Electric Supply Line. In case Licensee shall
<br />fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such
<br />work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe
<br />of any default or defaults, or the right to terminate this license, shall be deemed or held to be
<br />a waiver of the right to terminate the same for any subsequent default or defaults, but
<br />notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default
<br />or defaults which may occur; nor shall any termination hereof release Licensee from any liability
<br />or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions
<br />or events happening prior to the date of termination or such later date when the Electric Supply
<br />Line may be removed and said premises restored as hereinabove provided.
<br />10. Licensee shall at all times, at Licensee's own cost, maintain the most effective
<br />system and use the best known and most effective methods to protect the lines, wires, and
<br />service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises
<br />antedates the license and permission herein to Licensee, from interference and physical hazard,
<br />and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's
<br />own cost, transpose Licensee's circuits or make such changes in the construction or location of
<br />the Electric Supply Line as may be specified by Santa Fe.
<br />11. In case of the eviction of Licensee by any one owning or claiming title to or
<br />any interest in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for
<br />any damage of any nature whatsoever, or to refund any moneys paid hereunder.
<br />12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to
<br />be properly served if the same be delivered to Licensee or if deposited in the United States mail,
<br />postage prepaid, addressed to Licensee at 650 North La Cadena Drive, Colton,
<br />California 92324. Any notice to be given by Licensee to Santa Fe hereunder shall be deemed
<br />to be properly served if it be deposited in the United States mail, postage prepaid, addressed to
<br />Santa Fe's Manager of Contracts, One Santa Fe Plaza, P. 0. Box 1738, 920 S. E. Quincy
<br />Street, Topeka, Kansas 66601.
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<br />10-23-85-2171/147V
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