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f BwM85 ME 950 <br /> Project markers in form and size satisfactory to Railroad <br /> � y <br /> f identifying the facility and its owner will be installed and con- <br /> stantly maintained by and at the expense of Grantee at Railroad <br /> property lines or such locations as Railroad shall approve. Such <br /> markers shall be relocated or removed upon request of Railroad <br /> without expense to Railroad. <br /> Absence of markers does not constitute a warranty by Railroad <br /> of no subsurface installations. <br /> 2. This grant is made subject and subordinate to the prior <br /> and continuing right and obligation of Railroad, its successors <br /> and assigns , to use all the property described herein in the per- <br /> formance of its duty as a common carrier, and for that purpose there <br /> is reserved unto Railroad, its successors and assigns, the right <br /> (consistent with the rights herein granted) to construct, reconstruct, <br /> maintain and use existing and future railroad tracks, facilities and <br /> appurtenances and existing and future transportation, communication <br /> and pipeline facilities and appurtenances in, upon, over, under, <br /> across and along said property. <br /> 3. This grant is made subject to all licenses , leases, ease- <br /> ments, restrictions, conditions, covenants, encumbrances, liens and <br /> claims of title which may affect said property, and the word "grant" <br /> as used herein shall not be construed as a covenant against the <br /> existence of any thereof. <br /> 4. The rights herein granted to Grantee shall lapse and become <br /> void if the construction of said structure upon said property is not <br /> commenced within one (1) year from the date first herein written. <br /> 5. Grantee shall bear the entire cost and expense of construct- <br /> ing, reconstructing and maintaining said structure upon said property. <br /> Grantee agrees that all work upon or in connection with said structure <br /> shall be done at such times and in such manner as not to interfere in <br /> any way whatsoever with the operations of Railroad. The plans for <br /> and the construction or reconstruction of said structure shall be <br /> subject to the approval of Railroad. Grantee agrees to give Railroad <br /> five (5) days ' written notice prior to commencement of any work of <br /> construction or reconstruction. <br /> Grantee agrees to reimburse Railroad for the cost and expense <br /> to Railroad of furnishing any materials or performing any labor in <br /> connection with the construction, reconstruction, maintenance and <br /> removal of said structure, including, but not limited to, the <br /> installation and removal of such falsework and other protection <br /> beneath or along Railroad's tracks, and the furnishing of such <br /> watchmen, flagmen and inspectors as Railroad deems necessary. <br /> In the event Railroad shall at any time so require, Grantee, <br /> at Grantee' s expense, shall reconstruct or alter said structure or <br /> make changes in the location thereof upon receipt of written notice <br /> from Railroad so to do. <br /> b. As part consideration, Grantee agrees to pay Railroad an <br /> amount equal to any and all assessments which may be levied by order <br /> of any authorized, lawful body against the property of Railroad (and <br /> which may have been paid by Railroad) to defray any part of the cost <br /> or expense incurred in connection: with the construction of said <br /> structure upon: said property commenced within one (1) year from the <br /> date first herein written. <br /> -2- <br /> . . ...........: <br />