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