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CSXT Form 2537G - Page 1
<br />RevisedAprtl 1993
<br />RE-107964
<br />JA30\FR0207V5.94P
<br />
<br />PIPEUNE LONGITUDINAL OCCUPANCY AGREEMENT
<br />
<br /> THIS AGREEMENT, Made as of February 8, 1994, by and between THE LAKE ERIE
<br />AND DETROIT RIVER RAILWAY COMPANY, a Canadian Company, by its Lessee, CSX
<br />TRANSPORTATION, INC., a Virginia (U.S.) corporation, whose address is 500 Water
<br />Street, Jacksonville, Florida 32202, hereinafter called "Licensor" and
<br />CORPORATION OF THE COUNTY OF ESSEX, a municipal corporation, political
<br />subdivision or state agency, under the laws of the Province of Ontario, Canada,
<br />whose mailing address is 360 Fairview Avenue, West, Essex, Ontario, Canada NSM
<br />1Y6, hereinafter called "Licensee," WITNESSETH:
<br />
<br /> WHEREAS, Licensee desires to construct and maintain two (2) certain
<br />pipelines or duct work, solely for the transmission of landfill leachate,
<br />hereinafter called "Pipeline" along the rail corridor, right of way and property
<br />owned or controlled by Licensor at or near LEAMINGTON, County of ESSEX, PROVINCE
<br />OF ONTARIO, CANADA, for a distance of 5,187 feet, measured from a point 2,359
<br />feet eastwardly on the centerline of Licensor's track(s) at Milepost CE-36 to a
<br />point 1,840 feet eastwardly on the centerltne of track(s) at Milepost CE-37,
<br />Canadian ~1 Subdivision, including necessary subterranean crossing(s),
<br />hereinafter called the "Occupancy~; as shown on print of Licensee's Drawings
<br />attached hereto and made a part hereof; other details and data pertaining to said
<br />Pipeline being as indicated on Licensee's Application Forms, dated December 9,
<br />1993, also attached hereto and made a part hereof:
<br />
<br /> NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms
<br />and agreements herein contained, the parties hereto agree and covenant as
<br />follows:
<br />
<br />1. UCENSE:
<br />
<br /> 1.1 Licensor, insofar as it has the legal right, power and authority to
<br />do so, and its present title permits, and subject to:
<br />
<br /> (A) Licensor's present and future right to occupy, possess and use
<br />its property within the area of the Occupancy for any and all purposes;
<br />
<br /> (B) All encumbrances, conditions, covenants and easements
<br />applicable to Licensor's title to or rights in the subject property; and
<br />
<br /> (c)
<br />contained;
<br />
<br />Compliance by Licensee with the terms and conditions herein
<br />
<br />does hereby grant to Licensee the nonexclusive license and permission Licensee
<br />to construct, maintain, repair, renew, operate, use, alter or change said
<br />Pipeline in the Occupancy above solely for the use stated above, for the term
<br />herein stated, and to remove same upon termination.
<br />
<br />
<br />
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