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<br />n the work to b•
<br />the right al any tirr,r wt.-. +, r �,gment It bechmt: necessary or advisable, 10 require any material used i
<br />repl.Iced will, like inn+,r,a ,,v ,,. • ^nalf,rlal of a mar,• permanent character: also to require additional work or change c,l
<br />IOCotearl of '.fill lauhty a•. a 101e11- •,f safely, or of appearance, or on account o1 additional tracks being laid, change of grade
<br />therewl, cun•.tr+rcttu,- r,I a t,L,wl„y -jr for any other reason whether at not connected with the operation, maintenance. of
<br />Improvement of tool. I idri.+i „I h. road, all o1 which shall be dune at the expense of Permiltee to the manlxr h+•rre'
<br />Illovxlcd
<br />3 Permlinge %, gryr ,,, If_ said Supennterulenl at least two 121 days advance notice 01 airy work to be done I,v
<br />Permttler In life. ex,Av.,;,nn +-_%fuclton. any reconstruction, maintenance, repair, change of location or removal of 1h.
<br />lac,llly, anJ sr,all r „r,rlul t -.,,r 1, in suet+ manner as not to Interfere with the maintenance and operation of the railway Of
<br />Railroad.
<br />4. In the event that Ra,lro w. a, the request of Permittee or any agent or contractor of Permittee, or for the protectto•,
<br />or flagging service, or incurs any expense whatsoever
<br />of its property and operations, dLvs any work, furnishes any material
<br />on account of the excavation for. construction, any reconstruction, maintenance, repair, change of location, removal 01 the
<br />facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
<br />therefor. If the excavation for cr_sstruction, any reconstruction, maintenance, repair, change of location, or removal of the
<br />facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other
<br />railway facilities by work or fl&:- rig, engineering and/or supervision, such work is to be performed by Railroad employees
<br />and the cost borne by Permittet-
<br />5. In the event any cathoe z electrolysis or other electrical grounding system is installed in connection with the factl,t,
<br />in any way
<br />which, in the opinion of Railrc.,C. interferes with any train signals, telephone or telegraph lines, or other facilitie.
<br />of Railroad, Permittee upon be .informed by Railroad of such interference shall forthwith discontinue operation of air
<br />remove said grounding system, c take such steps as may be necessary to avoid and eliminate all such interference. Permittet
<br />inst any damages, claims, losses, wits or expenses in am
<br />further agrees to Indemnify anc save harmless Railroad from and age
<br />manner arising from or growing z _t of interference with the signals, telephone or telegraph lines of Railroad by the operalw,
<br />use or existence of any such go riding system.
<br />6. Permittee shall and he-=7Y releases and discharges Railroad of and from any and all liability for damage to o'
<br />destruction of the said facititr and any other property of Permittee located on or near Railroads premises, and shaft ant
<br />hereby assumes any and all liar try for injury to or death of any and all persons whomsoever, including officers, employees
<br />and agents of the parties here:.:. or loss of or damage to property to whomsoever belonging, including property owned by.
<br />leased to or in the care, custoc , and control of the parties hereto, in any manner arising from or during the construction, any
<br />reconstruction, use, matntenar•c=. repair or removal of said facility, however such injury, death, loss, damage or destruct+e'
<br />aforesaid may occur or be cet shd: and shall and hereby does indemnify and save harmless Railroad of and from any and a
<br />claims, demands, suits, actions. damages, recoveries, judgments, costs or expenses arising or growing out of or in connecttu-
<br />with any such injury, death. to damage or destruction aforesaid. Permittee further agrees to appear and defend in the na-
<br />of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage
<br />Tr. --
<br />property. and to pay and satisfy ally final judgment that may be rendered against the Railroad in any such suit or action. The
<br />liability assumed by Permitte! helatn shall not be affected or diminished by the fact, it it be a fact, that any such wit c'
<br />action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or bt
<br />contributed to by such negligence
<br />7. Permittee snail not tran,l,•, or assign this permit without the written consent of Railroad.
<br />B. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
<br />9. It is expresslY understood and agreed that Railroad may at any time cancel and terminate this license and permiscr .-
<br />by giving to Permittee thirty (30) days notice in writing of its intention to cancel the same and at the expiration of sun
<br />notice this license and permission shall terminate. upon receipt of such notice and before the expiration thereof, Permintr
<br />supervision and direction of the said Superintendent, or his authorized representative, shall remove the facie -.
<br />under the lroad and restore the right of way and premises of Railroad in a manner and to such condition is
<br />from this right way of Rai
<br />ermittee shall fail to remove the facility and restore this sae
<br />shall be satisfactory to the said Superintendent of Railroad. If P
<br />right of way to such condition within said thirty 130) day period. Railroad at its option may remove the same and restore :-t
<br />said right 01 way to its previous condition, and Permittee shall pay the cost and expense thereof to Railroad.
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