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Law Department Approved 08 -36053 <br />hazardous condition, Licensee shall immediately do so. Notwithstanding the <br />foregoing right of Licensor, the parties agree that Licensor has no duty or <br />obligation to monitor Licensee's use of the Premises to determine the safe <br />nature thereof, it being solely Licensee's responsibility to ensure that Licensee's <br />use of the Premises is safe. Neither the exercise nor the failure by Licensor to <br />exercise any rights granted in this Section will alter the liability allocation <br />provided by this License. <br />(b) Licensee shall, at its sole cost and expense, construct and maintain the Walkway <br />[or the Path] in such a manner and of such material that it will not at any time be <br />a source of danger to or interference with the existence or use of present or <br />future tracks, roadbed or property of Licensor, or the safe operation and <br />activities of Licensor. Further, Walkway [or the Path] shall be constructed, <br />installed and maintained in conformity with the plans and specifications shown on <br />the print attached hereto as Exhibit A and made a part hereof (which, if present, <br />are to be deemed part of the Drawings and Specifications). Licensor may direct <br />one of its field engineers to observe or inspect the construction and /or <br />maintenance of the Walkway [or the Path] at any time for compliance with the <br />Drawings and Specifications. If ordered at any time to halt construction or <br />maintenance of the Walkway [or the Path] by Licensor's personnel due to non- <br />compliance with the same or any other hazardous condition, Licensee shall <br />immediately do so. Notwithstanding the foregoing right of Licensor, the parties <br />agree that Licensor has no duty or obligation to observe or inspect, or to halt <br />work on, the Walkway [or the Path], it being solely Licensee's responsibility to <br />ensure that the Walkway [or the Path] is constructed in strict accordance with the <br />Drawings and Specifications and in a safe and workmanlike manner in <br />compliance with all terms hereof. Neither the exercise nor the failure by Licensor <br />to exercise any right granted by this Section will alter in any way the liability <br />allocation provided by this License. If at any time Licensee shall, in the sole <br />judgment of Licensor, fail to properly perform its obligations under this Section, <br />Licensor may, at its option and at Licensee's sole expense, arrange for the <br />performance of such work as it deems necessary for the safety of its operations <br />and activities. Licensee shall promptly reimburse Licensor for all costs and <br />expenses of such work, upon receipt of an invoice for the same. Licensor's <br />failure to perform any obligations of Licensee shall not alter the liability allocation <br />hereunder. <br />13. During the construction and any subsequent maintenance performed on Walkway for <br />the Path], Licensee shall perform such work in a manner to preclude damage to the <br />property of Licensor, and preclude interference with the operation of its railroad. The <br />construction of the Walkway [or the Path] shall be completed within one (1) year of the <br />Effective Date. Upon completion of the construction of the Walkway [or the Path] and <br />after performing any subsequent maintenance thereon, Licensee shall, at Licensee's <br />own cost and expense, restore Licensor's premises to their former state as of the <br />Effective Date of this License. <br />14. If at any time during the term of this License, Licensor shall desire the use of its rail <br />corridor in such a manner as would, in Licensors reasonable opinion, be interfered with <br />by the Walkway [or the Path], Licensee shall, at its sole expense, within thirty (30) days <br />after receiving written notice from Licensor to such effect, make such changes in the <br />6 <br />Form 419; Rev. 04/26/05 <br />