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CeESE¢ SYSTEM FO.. V-20
<br />PIPELINE CROSSING AGREEMENT REV. S-ao MADt IM USA
<br />• THIS AGREEMENT, made this 3rd day of February , l9 82 by and between THE CHESAPEAKE
<br />AND OHIO RAILWAY COaANY , a _ Virginia Corporation, hereinafter called "Licensor",
<br />party of the first part, and CITY OF CHARLOTTESVILLE a Virginia municipality,
<br />Abyldq(jt(( q( hereinafter called "Licensee", party of the second part:
<br />WITNESSETH:
<br />In consideration of the mutual covenants, terms, conditions and agreements herein contained, the parties hereto
<br />agree as follows:
<br />1. Licensor, Insofar as it has the power and authority so to do and subject to:
<br />(a) All encumbrances, conditions, covenants and easements applicable to Licensor's title to or rights in the
<br />subject property; and
<br />(b) Compliance by Licensee with terms and conditions hereinafter contained;
<br />does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter, change or remove
<br />one (1) three-inch (3") plastic carrier pipe enclosed in eighty-eight feet (881)
<br />of six—inc It c el acing for the handling of natural Sas hereinafter called
<br />"Crossing", under or over, as the case may be, property, right-of-way, land and track of Licensor, between Mlle
<br />Posts — — — and — — — at Valuation Station 172 Plus 98 Mountain
<br />Subdivision, Virginia Division, at or near Charlottesville County of Albemarle
<br />State of Virginia , described on Drawing Jf . Exhibit "B" , dated Jan..1982 , last revised
<br />0 — — — , which is attached to and hereby made a part of this Agreement.
<br />Licensor reserves and excepts unto itself the paramount right to continue to occupy, possess and use the area of
<br />the Crossing for any and all railroad purposes.
<br />2. Definitions:
<br />(a) The term "Licensee", as used herein, shall mean a corporation, association, partnership, Individual
<br />or governmental body, as the case may be. For Sections 17, 18 and 19 of this Agreement the term
<br />"Licensee" shall also Include Licensee's agents, employees, servants, subllcensees and Invitees. All
<br />words herein referring to Licensee shall betaken to be of such number and gender as the context may
<br />require.
<br />(b) The term "Licensor", as used herein, shall include any other company or.companles whose property
<br />at the aforesaid location may be leased or operated by the undersigned Licensor. Said term shall also
<br />Include any parent, subsidiary or affiliated system company or companies of Licensor. For Sections
<br />17, 18 and 19 of this Agreement,\the term "Licensor" shall also Include the servants, agents, or
<br />employees of Licensor and of said parent, subsidiary or affiliated company.
<br />(c) The term "Crossing", asusedherein, includes pipeline, casing, vents, manholes, connectors, fixtures,
<br />appliances and ancillary facilities.
<br />. (d) The term "use", as used herein, shallmeanthe transmission In and through said pipeline of materials
<br />and substances specified herein only and shall meanuse of an area not to exceed in circumference the
<br />diametric or radial specifications shown on the aforementioned drawing.
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