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CS -2260
<br />REV, 1-85
<br />SHEET 2 mof 3
<br />4. Licensee shall keep Licensor's premises in a neat and safe condition, so far as affected by said facilities, keeping the
<br />track area and toe path clear of all obstructions including but not limited to any holes, depressions or excavations of any sort.
<br />Licensee agrees to reimburse Licensor for any expense incurred by Licensor by reason of the construction, presence,
<br />maintenance, use or removal of said facilities on Licensor's premises.
<br />/insofar as it awful
<br />S. Licensee agrees to re ease,dend an nme nify Licensor from and against all liability, cost and expense (including
<br />but not limited to attorney fees and costs of judgments) for loss of or damage to any property and for injuries to or death of
<br />any persons (including the property and employees of the parties hereto) caused wholly or partially by
<br />(a) the construction, presence; maintenance, use or removal of sai d facilities; or
<br />(b), the unauthorized use of any patented device on said facilities; or
<br />(c) breach of any provision of this contract by.Licensee.
<br />whether or not contributed to by the maintenance or operation of Licensor's line of railroad or any act or omission, actively or
<br />passively negligent or otherwise, of an employee of Licensor. Licensee expressly assumes all risk of damage to said facilities or
<br />appurtenances from any cause whatsoever.
<br />The term "Licensor" as used in this section shall include the successors, assigns and affiliated companies of Licensor,
<br />and any other railroad company operating upon Licensor's tracks.
<br />6. This agreement may be terminated by either party by giving thirty (30) days' notice in writing to that effect to the
<br />other, and Licensee shall thereupon remove said facilities and any and all conductors, structures or other apparatus placed on
<br />f Licensor's premises by virtue of this agreement and restore Licensor's pre ises to a condition satisfactory to Licensor, failing -
<br />in which Licensor may perform such work at the expense of Licensee.
<br />7. The rights and privileges herein given are personal to. Licensee and as such Licensee shall not be permitted to assign
<br />the rights and privileges herein given, or any, part thereof, without the previous written consent of Licensor.
<br />8. No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered
<br />into Licensor's standard Contractor's Right of Entry agreement covering such work.
<br />4. Licensee shall, at its expense, comply with all applicable laws, r gulations, rules and orders regardless of when they
<br />become or became effective, including without limitation those relating to health, safety, noise, environmental protection,
<br />waste disposal and water and air. quality, and furnish satisfactory evidence of such compliance upon request of Licensor.
<br />Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered
<br />hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall, at its
<br />expense, be -obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third person to
<br />the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body
<br />having jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee
<br />shall pay Licensor the cost of such cleanup promptly upon the receipt of bill therefor. Licensee agrees to investigate, release,
<br />indemnify and defend Licensor from and against all liability, cost and expense (including without limitation and fines,
<br />penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section, or
<br />as a result of any such discharge, leakage, spillage, emission or pollution regardless of whether such liability, cost or expense.
<br />arises during the time this agreement is in effector thereafter, unless such liability, cost or expense is proximately caused solely
<br />and exclusively by the active negligence of Licensor, its officers, agents or employees:
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