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985 F <br /> 2 . Project markers in form and size satisfactory to Rai road, <br /> identifying the facility and its owner, will be installed and <br /> constantly 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 of <br /> no subsurface installations. <br /> 3 . This grant is made subject and subordinate to the prior and <br /> continuing right and obligation of Railroad, its successors and <br /> assigns, to use all the property described herein in the performance <br /> of its duty as a common carrier, and there is reserved unto Railroad, <br /> its successors and assigns, the right (consistent with the' ri hts <br /> herein granted) to construct, reconstruct, maintain and use existing <br /> and future railroad tracks, facilities and appurtenances and existing <br /> and future transportation, communication and pipeline facilities and , <br /> appurtenances in, upon, over, ander, across and along said property..,.' <br /> 4. This grant is made subject to all licenses, leases._ a'e- <br /> ments , restrictions, conditions, covenants, encumbrances, li ns <br /> and claims of title which may affect said property and the v rd <br /> 'grant' as used herein shall not be construed as a covenant:. gainst <br /> the existence of any thereof. <br /> 5 . The rights herein granted to Grantee shall lapse an become <br /> void if the construction of said structure upon said proper is not <br /> commenced within one (1) year from the date first herein wri ten.' <br /> 6. Grantee shall bear the entire cost and expense of c nstruct- <br /> ing, reconstructing and maintaining said structure upon said <br /> property. Grantee agrees that all work upon or in connection with <br /> said structure shall be done at such times and in such manner as not <br /> to interfere in any way whatsoever with the operations of Railroad. <br /> The plans for and the construction or reconstruction of said struc- <br /> ture shall be subject to the approval of Railroad. _ <br /> Grantee agrees to reimburse Railroad for the cost and expense to <br /> 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 /> 7 . In the event Railroad shall at any time so require, Grantee , <br /> at Grantee ' s expense, shall reconstruct, alter, relocate sai struc- <br /> ture or otherwise improve said structure upon receipt of vri ten <br /> notice from Railroad so to do. <br /> -2- <br />