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<br />materials, tools, or equipment shall be stored any closer than ten (10) feet from
<br />the centerline of any tracks. The regulations of Railroad and the instructions of
<br />its representatives shall be complied with relating to the proper manner of
<br />protecting the tracks, pipe lines, wire lines, signals, and all other property at
<br />said location as well as the traffic moving on such tracks.
<br />
<br />2. PRESENT OCCUPANTS: To make appropriate arrangements with any
<br />person or legal entity occupying the premises affected hereby pursuant to a lease
<br />or other permission granted by Licensor, so that Licensee's said Channel will not
<br />unreasonably interfere with the use of the subject property, or create undue
<br />hardship on the person or legal entity occupying the premises.
<br />
<br />3. LIABILITY: Licensee hereby assumes the risk of, and agrees to
<br />indemnify and hold harmless against all liability, damages, expenses, attorney's
<br />fees, and costs for injuries to and deaths of persons whomsoever, including
<br />employees of the Licensor and Licensee, and damages to and destruction of property
<br />whosesoever, including property of Licensor and Licensee, growing out of, incident
<br />to, or in any manner resulting during the construction, of said Channel on
<br />Licensor's right of way unless caused solely and directly by the negligence of
<br />Licensor, its agents or employees. In addition, Licensee shall reimburse Licensor
<br />for any damages or repairs to Licensor's property made necessary by acts of
<br />vandal ism or the like resulting in any manner whatsoever from this License during
<br />construction of said Channel as well as during maintenance, operations, and use
<br />of said Channel.
<br />
<br />Upon compl etÜm of construction and during the entire remaining
<br />period of this License agreement including extensions, if any, to include but not
<br />be 1 imited to the maintenance, operat ion, use and presence of said Channel on
<br />Licensor's right of way, Licensee hereby assumes the risk of and agrees to hold
<br />Licensor and L i cen sor I s sub sid i ary company, El ectra ColTIßun icat ions Carpor at ion,
<br />harmless against, all liability, damages, expenses, attorneys' fees, and costs for
<br />injuries to and deaths of persons whomsoever, including anployees of Licensor and
<br />Licensee, and damages to and destruction of property whosesoever, including
<br />property of Licensor and Licensee, growing out of, incident to, or in any manner
<br />resulting from negligence of Licensee in any manner whatsoever to include but not
<br />be limited to Licensee's sole negligence and/or joint negligence, but in respect
<br />to joint negligence this indemnity shall only apply to that percentage of
<br />negligence actually attributable to Licensee, its agents or employees. In
<br />addition, it is further agreed that this indemnity provision is not applicable in
<br />regard to negligence solely and directly caused by Licensor, its agents or
<br />eTlpl oyees.
<br />
<br />4. WAIVER: To waive all right to question the validity of this
<br />License or any of the terms or provisions hereof, or the right or power of
<br />Licensor to execute and enforce the same.
<br />
<br />5. FIBER OPTICS: The rights granted herein are subordinate to, and
<br />shall not interfere with, any rights previously granted to other parties for the
<br />installation, maintenance and operation of any fiber optic colTIßunication systems.
<br />
<br />6. REIMBURSEMENT: Licensee agrees to reimburse licensor for all costs
<br />and expenses incurred by Licensor in connection with the installation of said
<br />Channel, including, but not 1 imited to, the furnishing of such inspectors,
<br />watchmen, and flagmen, as Licensor deems necessary to protect its property,
<br />tracks, engines, trains, and cars, and the operation thereof, the installation and
<br />
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