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and devices as in Railway' s, judgment may be necessary to insure safety <br /> • of. Railway operation. Wherever safeguarding of trains or traffic of <br /> Railway is mentioned in this agreement, it is intended to cover and <br /> include all users of Railway' s tracks having permission for such use. <br /> Railway shall' give. oral notice to City in advance of the employment <br /> of flagmen and the use of protective services and devices, and the need <br /> therefore; and said City-will-then issue a written order for the- flagmen- , <br /> and protective services and devices required by Railway. <br /> City will reimburse- Railway directly for- all costs incurred for' <br /> flagging and other protective services and devices furnished in accord- <br /> ance with said orders. Bills for said costs for flagging and other pro- <br /> tective services and devices ascertained in accordance with the provisions <br /> of FHPM 6-6-2-1 and FHPM 1-4-3 and other pertinent instructions issued <br /> by the Federal .Highway Administration, Department of Transportation will <br /> be submitted by Railway currently during progress of the work contemplated <br /> by this agreement and City shall pay such bills. Railway will submit com- <br /> plete billing for flagging and other protective services and devices <br /> within one 'nundred twenty (120) days after completion of the project, <br /> provided City -advises Railway of the commencementof the one hundred <br /> twenty (120) day 1ieriod by notifying Railway of completion of the project. <br /> Attached hereto, marked- Exhibit "C" , and by this reference made a <br /> part hereof, is a statement of conditions when flagmen and other protect- <br /> ive services and devices will'-be furnished by. Railway. <br /> VIII <br /> All contracts between the City and -its contractor,. for either -the.. <br /> construction herein provided for or maintenance work on the highway <br /> Y• within- crossing areas described herein or--shown on the exhibits . attached <br /> hereto, shall require the contractor to protect and hold harmless the <br /> Railway and any- other -railroad company- occupying-- or -using the Railway's <br /> line or railroad against all loss, liability and damage arising from <br /> activities of the contractor, its forces- or. any of its subcontractors or <br /> agents; and shall further provide that the contractor shall: <br /> - 4l . <br />