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<br /> the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be
<br /> replaced with like material or with material of a more permanent character; also to require additional work or change of
<br /> location of said facility as e matter of safety,or of appearence,or on account of additional tracks being laid,change of grude
<br /> thereof, construction of a building, or tor any other reason whether or not conner.ted with the operetion, maintenance, or
<br /> improvement of the railway of Railroad, all o( which shall be done at the expensc of Permittee in the manner herein
<br /> provided. .. -
<br /> 3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work tc be done by —
<br /> Permittee in the excavation, construct�an, any reconstruction, maintenance, repair, change of location or removal of the i
<br /> facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railvuay of
<br /> ftailroad.
<br /> 4. In the event that Railroad,a[ the request of Permittee or any agent or contrac[or of Parmit[ee,or for the protection
<br /> of its property and operations,does any work,furnishes any rnaterial or flagging service,or incurs any expense whatsoever
<br /> �. on accoun[of the excava[ion for,construction,any reconstruction,main[enance,repair,change of loca[ion,removal of 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 exravation for construction,any rec�nstruc[ion,main[enance,repair,change of location,or removal of the
<br />! ' facility,requires any or all of the foliowing work: removal and replacement of track,bridging,protection of track or other
<br />, railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
<br /> and the cost borne by Permittee.
<br /> 5. In the event any cathodic electrolysis or other elec[rical grounding system is installed in connection with the facility
<br /> which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines, or other facilities
<br /> o: Railroad, Permittee upon being informed 6y Railrwd of such interference shall torthwith discontinue operation of and
<br /> remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference.Permittee
<br /> further agrees to indemnif�� and save harmless Railroad from and against any damages,claims, losses,suits or expenses in any
<br /> manner arising from or growiny out of interference with the signals,telephone or telegraph lines of Railroad by the operetion,
<br /> use or existence of any such grounding system.
<br /> 6. Permi[tee shall and hereby releases and discharges Railroad of and frorr, any and all liability for damage to or
<br /> destruc[ion of the said facility, and any other property of Permittee located on or near Railroad's premises; and shali and
<br />� hereby assumes any and all liability for injury to or death of any and all personswhomsoever, including officers,employees
<br /> and agen[s of the parties here[o, or loss of or damage to property to whomsoever 6elonging, including property owned by,
<br /> leased to or in the care,custody and control of the perties hereto, in any manner arising from o!'during the construction,any
<br /> reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
<br /> atoresaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
<br /> claims, demands, suits, actions, damages, recoveries, judginents, costs or expenses arising or growing out of or in cennection
<br /> with any such injury, death, loss,damage or destruction aforesaid. Pe�mittee further agrees to appear and defend in tfie name
<br /> of Railroad any suits or actions at law brought against it on account of any such perwnal injuries, death or damage to
<br /> property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such sui[or action.The
<br /> liability assumed by Permittee herein shall not be affected or diminished by the tact, if it be a fact, that any such suit or
<br /> action brought agains[ Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
<br /> contributed to by such negligence. Notwithstanding the foregoing� no�hing $erein contained is
<br /> to be construed as an indemnification against the sole neqligence of Railroad, its
<br /> officers, employees or agents.
<br /> 7. Permit[ee shall not vansfer or assign this permit without the written consent of Railroad.
<br /> B. Nothing herein contained shall imply or impon a covenant on the part of Rzilroad for Guiet enjoyment.
<br /> 9. It is expressly understood and agreed that Railroad may at any tima cancel and terminate this license and permission '
<br /> by givin9 to Permittee thirty (3G; days' notice in writiny of its intention to cancel the same and at the expiration of such —'
<br />' notice this Iicense and permission shall terminate. Up�n recei�t of such notice and before the expiration thereof,Permittee,
<br /> under the supervision and direction of thc said Superintendent, or his authorizzd representative, shall remove the faciGry
<br />, from the ri9ht of way of Railroad and restore [he right of way and premises of Railroad in a manner and to such condition as
<br />, shali be satisfactory m the said Superintendent of Railroad. If Permittee shall tail to remove the facility and restore the said
<br /> right of way to such condition withir said thirry (30) day period, Railroad at i[s ep[ion may remove the same and restora the
<br /> said right of way to its previous condition,and �ermittee shall pay the cost and expense+hereof to Railroad.
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