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the right at any time when in his judgment . iwt.omes necessary or advisable, to require any material used in the work to be
<br />replaced with like material or with material ut a more permanent character; also to require additional work or change of
<br />location of said facility as a mat!er of safety, or of appearance, or on account of additional tracks being laid, change of grade
<br />thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
<br />improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
<br />provided.
<br />3 Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
<br />Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
<br />facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
<br />Railroad.
<br />4. In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee or for the protection
<br />of its property and operations, does any work, furnishes any material or flagging service, or incurs any expense whatsoever
<br />on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the
<br />facility or otherwise. Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
<br />therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the
<br />facility, requires any or all of the foil^ ving work: removal and replacement of track, bridging, protection of track or other
<br />railway facilities by work or flaggin gineering and/or supervision, such work is to be performed by Railroad employees
<br />and the cost borne by Permittee.
<br />5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
<br />which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or otner facilities
<br />of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
<br />remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
<br />further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses, suits or expenses in any
<br />manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railroad by the operation,
<br />use or existence of any such grounding system.
<br />6. Permittee shall and hereby releases and discharges Railroad of and frorr, any and all liability for damage to or
<br />destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and
<br />hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees
<br />and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
<br />leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any
<br />reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss, damage or destruction
<br />aforesaid may occur or be caused; and shall and hereby does indemnify iond save harmless Railroad of and from any and all
<br />c,jims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
<br />with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
<br />of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
<br />property, and to pay and satisfy env final judgment that may be rendered against the Railroad in any such suit or . The
<br />liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any A or
<br />action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or emplovees, or be
<br />contributed to by such negligence
<br />7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
<br />a. Nothing herein contained shill imply or import a covenant on the part of Railroad for quiet enjoyment
<br />O. It is expressly undwstoud and agreed tnmi V zdroad may at any time cancel and terminate this }icense and permission
<br />by giving to Permittee thirty (301 days notice in writmg of its intention to cancel the some and at the expiration of such
<br />notice this license and permission shall terminate Upon receipt of such notice and before the expiration thereof. Permittee,
<br />under the supervision, and direction of the aid Superintendent, or his authorized representative. shall remove the facility
<br />from the right of way of Railroad dod vesture the right of way and premises of Railroad in a manner and to such ronditron as
<br />shaft be satisfactory to the said Superintendent of Railroad If Permittee shall fail to remove the facility and restnte the said
<br />right of way to such condition within saxf thirty (30) day period, Railroad at its option may remove the same"restore the
<br />said right of way to its conditio". And Permitter shall pav the coct and rxtxrnw thereof to RA.,?"A '
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