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3. Licensee shall, at Licensee's own cost, remove all combustible
<br />material from around wooden poles and will at all times keep the space around
<br />such poles free of such material, and if removal of such combustible material
<br />shall not be attended to within fifteen (15) days after having been requested
<br />by Santa Fe so to do, Santa Fe shall have the right itself to perform the work
<br />and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred.
<br />4. During the construction and while repairing, renewing or changing
<br />the Electric Supply Line, Licensee shall exercise utmost and extraordinary
<br />diligence to the end that no damage shall occur to the property of Santa Fe,
<br />and that there shall be no interference with the operation of its railroad.
<br />Upon completion of the Electric Supply Line or after the making of any
<br />changes, repairs or renewals, Licensee shall, at Licensee's own cost, restore
<br />said premises to their former state; and Licensee shall, within fifteen (15)
<br />days after receipt of bill therefor, pay to Santa Fe the entire cost incurred
<br />in employing watchmen or such other means of protection as in the judgment of
<br />Santa Fe may be required during the construction, maintenance, repair, renewal
<br />or changing of the Electric Supply Line.
<br />5. If at any time during the term hereof Santa Fe shall desire to
<br />make any use of its property with which the Electric Supply Line will in any
<br />way interfere, including the relocation of existing or the construction of new
<br />lines of poles, wires, conduits and other facilities in which it shall have an
<br />interest, Licensee shall, at Licensee's own cost, within thirty (30) days
<br />after receiving written notice from Santa Fe to such effect, make such changes
<br />in the Electric Supply Line as in the judgment of Santa Fe may be necessary to
<br />avoid interference with the proposed use of its property.
<br />6. Santa Fe shall have the right at its election itself to construct
<br />the Electric Supply Line, and at any time to make such repairs, renewals or
<br />changes therein as it may deem necessary or desirable, and in the event Santa
<br />Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the
<br />cost, as estimated by Santa Fe, of such construction, repair, renewal or
<br />change. If the actual cost incurred by Santa Fe in performing such work shall
<br />prove more or less than the amount so advanced, the difference shall be
<br />promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa
<br />Fe may, at its election, advance the necessary moneys to cover such cost and,
<br />in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums
<br />so advanced, with interest.
<br />7. Licensee shall at all times indemnify and save harmless Santa Fe
<br />and other companies operating over its tracks against, and shall pay in full,
<br />all loss, damage or expense that they, or any of them, may sustain, incur or
<br />become liable for, resulting in any manner from the construction, maintenance,
<br />use, state of repair, or presence of the Electric Supply Line upon said
<br />premises, including any such loss, damage or expense arising out of (a) loss
<br />of or damage to property, (b) injury to or death of persons, (c) mechanics' or
<br />other liens of any character or (d) taxes or assessments of any kind. It is
<br />the intention of the parties that Santa Fe's right to indemnity hereunder
<br />shall be valid and enforceable against Licensee regardless of negligence
<br />(whether active, passive, derivative, joint, concurring or comparative) on the
<br />part of Santa Fe, its officers, agents and employees.
<br />- 2 -
<br />147V
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