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<br /> (d) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's
<br /> representative ( ) weeks advance notice of the proposed times and
<br /> dates for work windows. BNSF and Agency's contractor will establish mutually agreeable
<br /> work windows for the Project. BNSF has the right at any time to revise or change the
<br /> work windows, due to train operations or service obligations. BNSF will not be
<br /> responsible for any additional costs and expenses resulting from a change in work
<br /> windows. Additional costs and expenses resulting from a change in work windows shall
<br /> be accounted for in the contractor's expenses for the Project.
<br /> (e) The plans and specifications for the Project must be in compliance with the Bridge
<br /> Requirements set forth on Exhibit F, attached to this Agreement and incorporated herein.
<br /> 15. Agency must advise the appropriate BNSF Manager of Public Projects, in writing, of the
<br /> completion date of the Project within thirty (30) days after such completion date. dditionally, Agency
<br /> must notify BNSF's Manager of Public Projects, in writing, of the date o is esti y and/or its
<br /> Contractor will meet with BNSF for the purpose of making final inspection oft e rojec
<br /> 1LEASES,
<br /> 16. TO THE FULLEST EXTENT PERMITTED BY LAENC EREBY
<br /> INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, 1TS4AFF LED COMPANIES,.
<br /> PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIV -SA ..OFFICE, S, DIRECTORS,
<br /> SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FRO 'AND%AGAINT,�lNY D ALL CLAIMS,
<br /> LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES,XOSIENS; CF4USES OF ACTION,
<br /> SUITS, DEMANDS, JUDGMENTS AND EXPENSES (IN LrUDING, WITHOUT4IMITATION, COURT
<br /> COSTS AND ATTORNEYS' FEES) OF ANY NATURE;` IND OR DESCRIPTION OF ANY PERSON
<br /> (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEESS\ F\THE PART)ES HERETO) OR ENTITY
<br /> DIRECTLY OR INDIRECTLY ARISING OUT O , RESULTING FROM O /RELATED TO (IN WHOLE
<br /> OR IN PART) (I) THE USE, OCCUPANCY SENCE OF A E CY, ITS CONTRACTORS,
<br /> OR ABM T THE CONSTRUCTION SITE,
<br /> SUBCONTRACTORS, EMPLOYEES OR 'G NTS IN, �;,
<br /> (II) THE PERFORMANCE, OR FAILUR V 3 O 1 ERFORM THE AGENCY, ITS CONTRACTORS,
<br /> SUBCONTRACTORS, EMPLOYEES, O,.R�AGENT��..,,.,IITS WOR OR ANY,OBLIGATION UNDER THIS
<br /> AGREEMENT, (III) THE SOLE O ^ONTRIBl7':I NG ACTS OR OMISSIONS OF AGENCY, ITS
<br /> CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
<br /> CONSTRUCTION SITE, (IV)AGENCY'S BREACH OF SHE TEMPORARY CONSTRUCTION LICENSE
<br /> OR EASEMENT GRANTED TO-AGENCY�PU SUANT TO ARTICLE II OF THIS AGREEMENT, (V)
<br /> ANY RIGHTS OR INTERESTS RANTED 7 ,0 AGENCY PURSUANT TO THE TEMPORARY
<br /> CONSTRUCTION LICENOR E. 'SEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI)
<br /> AGENCY4'SjOCCUPASEITIOI jAN UTSE 9"B)SF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING,
<br /> WITHOUTCISMIMION, SUBSEQrOEN TM�INTENANCE OF THE STRUCTURE BY AGENCY, OR(VII)
<br /> AN ACTOR OMISSION OF AGENCY:OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
<br /> CONTt2A�CTORS,,OR ANYONE1DI WIILY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR
<br /> ANYONE>THEY ,CONTRO OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY
<br /> AGENCY417L=NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
<br /> DESTRUCTION, INJURY pR/DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
<br /> NEGLIGENCE OF BNSF;;ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO
<br /> THE EXTENT(CHAT"ty.CH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
<br /> MISCONDUCT OR-GROSS NEGLIGENCE OF BNSF.
<br /> TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON,
<br /> AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
<br /> AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES,
<br /> OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
<br /> AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES,
<br /> LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING,
<br /> WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
<br /> DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
<br /> PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM
<br /> OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF
<br /> AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR
<br /> Form 0105 Rev.06/01/05
<br /> 25
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