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improvement of the railway o! Ftailroad. all of vdhich sba:; be gone at the expense of Perrmttee in the manner herein
<br />provided.
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<br /> 3. Permittee shall give to the s3id Superintendent at least lwo (2) days' advance notice of any work to be done by
<br />Permittee in the e×cavalion, conslruction, an',' reconstruction, maintenance, repair, change of local*on or remova~ o! the
<br />tacillty, and shall conduct such work in such manner as not to interlere with Ihe mainlenance anb ooeralion of the railway of
<br />Railroad.
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<br /> 4, In the even1 that Railroad, at 1he request of Permittee or any ager~: or contraclOr Of Permittee, or for 'iht Droteclion
<br />of its property and oberelions, does any work, furnishes any material or flagging service, or ;nt'urs any expense w',atsoever
<br />on account of the excavation for, construction, any reconslfuction, maintenance, repair, chan~c of location, removal of the
<br />facility or otherwise, Permittee shall reimburse Railroad tot 1he cost thereof within ~enty (20) days ~ter bills are rendered
<br />theretor. ~f the ex~va~i~n for construction, any reconstruction, maintenanc% repair, chan~e ~( location' ~r removai of the
<br />facility, requires ~ny or all of the ~ollowing work: removal and replacement o~ track, bridging, protection o~ track or other
<br />railway tacilities by work or flagglng, engineering and/or su~ision, such work is to be performed by Railroad employees
<br />an~ the co~ borne by Permittee,
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<br /> 5. in the event any cathodic electrolysis or other electrical grounding system is installed in connection with the faciliw
<br />which, in the opinion of Railroad, in any way interferes with any trainsignzls, telephoneo- tetegraoh lines, or other facilJlies
<br />of Railroad, Permittee upon being informed by Railroad o! such interference shall forthw;th O~scontlnue operation of and
<br />remove said ~.rounding system, or lake such steps as m~y be necessary to avoid and ehminate aH such interference. Permhtee
<br />further a~rees to indemnify and save harmless Railroad from and against any damages, claims. IosseL suits or expense~ in any
<br />manner arising from or 9rowi~9 gel of inleHerence with ~he signals, telephone or telegraph line~ of E~iiroad Dy the operation.
<br />u~ or existence of any such ~rounQing system.
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<br /> 6. Permi;tee shall and hereby releases and dischar~aes Railroad of and from: any and all liability for oared.ge to or
<br />destruction of the said facility, and any Other property of PermJttee located on Cr near Railroad's [~remlses;and snail and
<br />hereby assumes any and all liabllity for injury to or death of any and all persons w~omsoever, including officers, empJoyees
<br />and ~gents of the par~ies hereto, or ios~ o~ or damage zo property to whomsoever belong;n~, includin~ Droperty owned ~y.
<br />lea$~ to or in ~he care, custody and control o( the parties hereto, in any man.er arisin9 irom or durin9 the construction, any
<br />reconstruction, u~e, maintenance, repair or removal ot sai~ facility, however such [niury. death, loss. damage or destruction
<br />~fore~id may occur or be cars.; and shall and hereby does inOemnify and ~ve harmless Railroad of ~nd from any and all
<br />claims, oemenOs, suits, actions, d~ma~e[, recoveries. ~udgments. co~s or expenses arising or growing out dj or i~. connection
<br />whh any such ~njury, ~e~th, Joss, damage or destruction afore~Jd. Permi:~e further ~gree~ ~o a~Deer ~¢ defend in ~he name
<br />ef Railroad ~ny su~ts or actions et law ~rou~n= agaJn~ Jt on ~ccoun: of any ~ch ~r~nal injuries, de~[n or ~mage to
<br />property, ant to pay and ~tisfy any fina~ juc~men~ t~a; may De rendered a~ins~ the Rallro~d in ~ny ~ch sui~ or action. The
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<br />~::io~ Drouth: a~i~s: R~ilro~ may ~risf ou~ ~f ne~iigenze Of Ra;!ro~,i~ officers, agar. ts, ~rvenzs or amD;crees, er De
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