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1. The Railway Company grants permission to the Licensee to construct, maintain and use

upon the property of the Railway Company, in accordance with said plan and the specifications forming a part hereof, and subject to the requirements of the Railway Company.

2. In consideration of this license, the Licensee shall pay to the Railway Company, in advance, the sum of

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3. Every cost and expense of construction, maintenance, use and removal resulting from this license, shall be paid by the Licensee. The Railway Company may perform, without notice, any work which it considers necessary to the safe operation of the railroad. The Licensee shall do no work under this license, which may interfere with the operation of the railroad without the written permission of the Railway Company.

4. Use of the property of the Railway Company, however long continued, shall not create any estate or easement in the Licensee or any rights other than license.

5. The Licensee shall idemnify, protect, and save harmless, the Railway Company from and against all claims, suits, costs, charges, and damages, made upon or incurred by the Railway Company in connection with this license.

6. This agreement may be terminated by either party by

disuse by the Licensee for

notice to the other party, or without notice on

7. Any notice given by the Railway Company to the Licensee shall be deemed to be properly served if the notice be delivered to the Licensee, or if left with any responsible agent of the Licensee, or if mailed, post paid, addressed to the Licensee at the last known place of business of the Licensee.

8. Upon termination hereof the Licensee shall forthwith remove all the Licensee's constructions from the property of the Railway Company, to the satisfaction of the Railway Company. In case of the Licensee's failure so to do, the Railway Company may at its option either retain such construction or remove them at the cost of the Licensee.

9. This agreement shall not be assigned or in any manner transferred, without the written consent of the

of the Railway Company.

10. Until terminated as hereinbefore provided, this agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties respectively.

IN WITNESS WHEREOF, the parties hereto have executed this agrcement on the day and year first above written.

WITNESS.

WITNESS.

By....

RAILWAY COMPANY.

LICENSEE.

TENTATIVE FORM OF LICENSE FOR PRIVATE ROAD

CROSSING

E. L. TAYLOR, Chairman, Sub-Committee.

The work assigned to Sub-Committee was:

(a)

Submit form of agreement for private road crossing.

(b) Submit form of agreement for purchase of electricity.

1. It was understood that Sub-Committee would prepare a form of agreement for private road crossings which would be suitable for crossings over, under or at grade.

The Sub-Committee prepared such a form and it was submitted to the General Committee at its December meeting. The form recommended by the Sub-Committee was substantially satisfactory with a few minor changes but there was so much divergence of opinion on the liability clause that it was deemed best not to submit final form and to carry it over for further consideration next year. Progress report form submitted below.

2. Sub-Committee prepared tentative form of agreement for purchase of electricity but it was decided to hold it over until next year for submission to the Committee on Electricity, as their opinions and suggestions are desirable and necessary.

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hereinafter called the Licensee, the license and privilege of constructing,

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1. The term of this License shall date form ...

19.......

and shall continue until terminated by a written notice given by either party to the other at least

... days prior to the date

of termination.

2. The Licensee shall pay to the Railway Company as consideration for said license and privilege, the sum of

on the ....

.....day of every

during

the continuance of this license, and pro rata for a shorter period; a proportionate part of said consideration to be refunded to the Licensee in case of termination hereof by the Railway Company prior to the date to which the consideration shall have been paid.

3. The Licensee shall, at its own expense, construct and maintain said crossing in compliance with all statutory regulations and to the satisfaction of the Railway Company, and under the Railway Company's supervision and direction, and, except in case of emergency, shall do no work with reference to the maintenance of said crossing except under such supervision and direction, and after reasonable notice in writing to the Railway Company. The Railway Company may, at its option, construct and maintain said crossing and in such event, the Licensee shall pay to the Railway Company the entire cost and expense of all labor performed and materials furnished by the Railway Company in constructing and maintaining said crossing.

4. The Licensee shall provide and maintain such protection by signs or otherwise as the Railway Company may consider necessary.

5. The Licensee shall permit said crossing to be used only by the Licensee's agents and servants and by persons having business with the Licensee.

*6. Liability Clause.

7. The Licensee shall on request of the Railway Company remove said crossing from the premises of the Railway Company or make such changes in said crossing as may be required by the Railway Company, if such removal or changes shall in the judgment of the Railway Company be needed in connection with the development or use of the premises of the Railway Company. The Railway Company may, at its option, do such work and in such event, the Licensee shall pay to the Railway Company in connection with such work.

IN WITNESS WHEREOF, the parties hereto have executed their agreement to this license, this

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day of

WITNESS.

WITNESS.

By.....

RAILWAY COMPANY.

LICENSEE.

*NOTE-On account of different opinions in the Committee no tentative form of liability clause is submitted with this report. This will be submitted later.

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The Committee presents reports on subjects 1, 3, 6 and 7.

Subject 2: On the subject of Design of Concrete and Reinforced Concrete Structures as developed by the Joint Committee on Concrete and Reinforced Concrete, no recommendations are made at this time.

The tentative report has been reviewed and certain suggestions made to the Joint Committee, but the Specification for Design is now in the discussion stages and it is possible changes may be made. In view of the condition the Committee does not think it advisable to make recommendations at this time.

Subject 4: A questionnaire was issued by the Sub-Committee, regarding failures of concrete structures, and many answers are being received which are being tabulated and a report will be issued next year.

Subject 5: There seems to be a lack of reliable information on this subject of the distribution of loads through ballast and embankment as affecting the design of masonry structures, and the Sub-Committee having this in charge is recommending that it be continued with the expectation that experimental data will become available the coming year.

Subject 6: A "Progress Report of the Joint Commiteee on Standard Specifications for Concrete and Reinforced Concrete" has been submitted in pamphlet form to the membership for discussion. Appendix E.)

CONCLUSIONS

(See

Your Committee recommends the following action be taken on its report:

1. That the following requirement as it appears in the 1921 Manual, covering a variation in fineness of cement, be omitted and the remaining paragraphs renumbered. (See Appendix A.)

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