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installation and surface of Railway's right-of-way over and around the same in good
<br />and proper condition, as a result of which the operations over the roadbed and tracks
<br />of Railway, or the safe use of Railway premises by Railway and others having a
<br />lawful right to use same, is Jeopardized, or considered by Railway's Chief Engineer
<br />as likely to be Jeopardized, Railway shall have the right to require Licensee to
<br />remedy such condition forthwith, or Railway may take such measures as may be
<br />considered reasonable necessary by it's Chief Engineer to remedy such hazardous, or
<br />supposed-to-be hazardous condition; and, in the latter event, Licensee shall
<br />promptly reimburse Railway for any expenses it may incur in remedying any such
<br />hazardous, or supposed-to-be hazardous condition.
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<br /> 7. Licensee agrees to release and discharge Railway from all liability and
<br />responsibility of every nature for any accident or injury or damage of any character
<br />which may be sustained by it, it's employees, or their property, incurred or
<br />happening at any'time in connecti6n with the existence of the installatidn on or
<br />under Railway's property, right-of-way and tracks, or in connection~ith the
<br />installation, maintenance, repair, renewal, or removal thereof.
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<br /> 8."Licensee agrees to pay, indemnify, and hold harmless Railway at all times
<br />from and against all claims, demands, payments, suits, actions, recoveries,
<br />liabilities, and Judgements of any sort, kind, or description made, brought, or
<br />recovered against Railway by any person, or persons, or for any damage or injuiry
<br />which may be sustained by Railway's officers, agents, or employees arising from,
<br />growing out of, occasioned by, or in any way due to the existence of the installation
<br />on or under the property, right-of-way, and tracks of Railway or to any person being~
<br />on or around Railway's property, right-of-way, and tracks in connection with any work'
<br />of installing, repairing, maintaining, or removing the installation; except such
<br />damage or injury as may be caused by the sole negligence of Railway, it's officers,
<br />agents, or employees.
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<br /> 9. Licensee shall, at it's own cost and expense, within thirty(30) days
<br />after receipt of written notice from Railway, make such changes in the installation,
<br />including relocation, as may be required by Railway from time to time, if such
<br />changes or relocation shall, in the Judgement of Railway, be needed for the better
<br />development or use of the property of Railway, or if such changes or relocations
<br />shall, in the judgement of Railway, be needed to protect it's requirements or legal
<br />obligations. Should Licensee fail to make any shuch change or alteration within the
<br />time above prov~'~d, Railway may, without further notice, have such change or
<br />relocation made, and in such event, Licensee agrees to reimburse Railway promptly for
<br />all expenses incurred in connection therewith.
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<br /> 10. No warranty of title to any property is given hereunder and the permit
<br />herein given to Licensee is subject to all encumberances, conditions, and
<br />reservations upon or under which Railway holds it's property.
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<br /> 11. Licensee shall pay all taxes assessed Upon the installation, or on account
<br />of the existence thereof, and shall indemnify Railway from the payment of such taxes.
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<br /> 12. This agreement shall inure to the benefit of and be binding upon the
<br />parties hereto, their successors or assigns; provided that Licensee shall not
<br />transfer or assign this agreement or permit the use of the installation by others
<br />without the prior written consent of Railway and then, only on the terms and
<br />conditions of such written consent.
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<br />13. The failure of Railway to exercise it's right hereunder upon the breach of
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