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EXHIBIT "C-1" <br /> Agreement Between <br /> BNSF RAILWAY COMPANY <br /> and the <br /> CONTRACTOR <br /> Railway File: BF1000XXX <br /> Agency Project: <br /> <%Contractor.LegalName%> [Insert contractor's legal name here](hereinafter <br /> called "Contractor"), has entered into an agreement (hereinafter called "Agreement") <br /> dated , 201_, [***Drafter's Note: insert the date of the contract <br /> between the Agency and the Contractor here] with City of Everett, Washington for <br /> the performance of certain work in connection with the following <br /> project: Performance of such work will necessarily require <br /> Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of <br /> way and property (hereinafter called "Railway Property"). The Agreement provides that <br /> no work will be commenced within Railway Property until the Contractor employed in <br /> connection with said work for City of Everett, Washington (i) executes and delivers to <br /> Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage <br /> and limits specified in such Agreement and Section 3 herein. If this Agreement is <br /> executed by a party who is not the Owner, General Partner, President or Vice President <br /> of Contractor, Contractor must furnish evidence to Railway certifying that the signatory <br /> is empowered to execute this Agreement on behalf of Contractor. <br /> Accordingly, in consideration of Railway granting permission to Contractor to enter upon <br /> Railway Property and as an inducement for such entry, Contractor, effective on the date <br /> of the Agreement, has agreed and does hereby agree with Railway as follows: <br /> 1) RELEASE OF LIABILITY AND INDEMNITY <br /> Contractor hereby waives, releases, indemnifies, defends and holds harmless <br /> Railway for all judgments, awards, claims, demands, and expenses (including <br /> attorneys' fees), for injury or death to all persons, including Railway's and <br /> Contractor's officers and employees, and for loss and damage to property <br /> belonging to any person, arising in any manner from Contractor's or any of <br /> Contractor's subcontractors' acts or omissions or any work performed on or <br /> about Railway's property or right-of-way. THE LIABILITY ASSUMED BY <br /> CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, <br /> THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS <br /> 45 of 60 <br />