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Form C-1
<br />April,'1985
<br />8. Grantee shall, at its expense, comply with all applicable
<br />laws, regulations, rules and orders regardless of when they become or
<br />became effective, including, without limitation, those relating to
<br />health, safety, noise, environmental protection, waste disposal, and
<br />water and air quality, and furnish satisfactory evidence of such
<br />compliance upon request of Railroad.
<br />Should any discharge, leakage, spillage, emission or pollution of
<br />any type occur upon or arise from the premises covered hereunder as a
<br />result of Grantee's use, presence, operations or exercise of the
<br />rights granted hereunder, Grantee shall, at its expense, be obligated
<br />to clean all property affected thereby, whether owned or controlled by
<br />Railroad, or any third person, to the satisfaction of Railroad
<br />(insofar as the property owned or controlled by Railroad is concerned)
<br />and any governmental body having jurisdiction in the matter. Railroad
<br />may, at its option, clean Railroad's premises; if Railroad elects to
<br />do so, Grantee shall pay Railroad the cost of such cleanup promptly
<br />upon the receipt of a bill therefor.
<br />Grantee agrees to investigate, release, indemnify and defend
<br />Railroad from and against all liability, cost and expense (including,
<br />without limitation, any fines, penalties, judgments, litigation costs
<br />and attorney fees) incurred by Railroad as a result of Grantee's
<br />breach of this section, or as a result of any such discharge, leak-
<br />age, spillage, emission or pollution, regardless of whether such
<br />liability, cost or expense arises during the time this indenture is
<br />in effect or thereafter, unless such liability, cost or expense is
<br />proximately caused solely and exclusively by the active negligence of
<br />Railroad, its officers, agents or employees.'
<br />9. As part consideration, Grantee agrees to pay Railroad an
<br />amount equal to any and all assessments which may be levied by order
<br />of any authorized lawful body against the property -of Railroad (and
<br />which may'have been paid by Railroad) to defray any part of the cost
<br />or expense incurred in connection with the construction of said
<br />structure upon said property commenced within one (1) year from the
<br />date first herein written.
<br />10. Grantee, its agents and employees subject to provisions
<br />hereof, shall have the privilege of entry on said property for the
<br />purpose of constructing, reconstructing, maintaining and making
<br />necessary repairs to said structure. Grantee agrees to give Railroad
<br />five (5) days' written notice prior to commencement of any work on
<br />said structure, except emergency repairs, in which event Grantee
<br />shall notify Railroad's authorized representative by phone. Grantee
<br />agrees to keep said property and said structure in good and safe
<br />condition, free from waste, so far as affected by Grantee's oper-
<br />ations, to the satisfaction of Railroad. If Grantee fails to
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