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17. Upon written notice from Santa Fe, Licensee agrees to assume the defense of <br />any lawsuit, administrative action or other proceeding brought against Santa Fe by any public <br />body, individual, partnership, corporation, or other legal entity, relating to any matter covered <br />by this License for which Licensee has an obligation to assume liability for and/or to save and <br />hold harmless the Santa Fe. Licensee shall pay all the costs incident to such defense, including, <br />but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, <br />and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions <br />brought or threatened on any theory of relief available at law, in equity or under the rules of any <br />administrative agency shall be covered by this section, including, but not limited to, the theories <br />of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created <br />by statute or ordinance, state or federal. <br />IN WITNESS WHEREOF, The parties have executed this license in duplicate the <br />day and year first above written. <br />THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY <br />By <br />Title ManaW Of 0-c-Orot--te <br />CITY OF COLTO <br />By 7 <br />MARK LEWIS <br />Title City Manager <br />3-4-85-2171/147V -5 - <br />2228/lt/ 11027172.820 <br />