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<br />3. Liability: Licensor shall not be liable for any damage to said Culverts
<br />or the contents thereof, howsoever such shall be caused, whether by the
<br />negligence of Licensor, its agents, employees. or otherwise.
<br />
<br />4. Indemnity: Licensee hereby assumes the risk of, and agrees to indemnify
<br />and hold Licensor harmless aginst all lieD , damages, expenses, attorney's fees,
<br />and costs for injuries to and deaths of persons whomsoever, including employees of
<br />the Licensor and Licensee, and damages to and destruction of property whosesoever,
<br />including property of Licensor and Licensee, growing out of, incident to, or in any
<br />manner resulting during the construction of said Culverts on Licensor's right of
<br />way, unless caused solely and directly the negligence of the Licensor, it's
<br />agents or employees. In addition, Licensee shall reimburse Licensor for any damages
<br />or repairs to Licensor's property made necessary by acts of vandalism or the like
<br />resulting in any manner ívhatsoever from this license construction of s.aid
<br />Culverts as well as during maintenance, operation and use.
<br />
<br />Upon completion of construction and during the entire remaining period of
<br />this license agreement, including extension, if any, to include but not be limited
<br />to the maintenance, operation, use and presence of said Culverts on Licensor's right
<br />of way, Licensee hereby assumes the risk of and agrees to hold Licensor harmless
<br />against all liability, damages, expenses, attorney's fees, and costs for injuries to
<br />and deaths of persons whomsoever, inc employees of Licensor and Licensee, and
<br />damages to and destruction of property ýJhosesoever, including property of Licensor
<br />and Licensee, growing out of, incident to, or in any manner resulting Ìrom negligence
<br />of licensee in any manner ívhatsoever to include, but not be limited to Licensee's
<br />sole negligence and/or joint negligence, but in respect to joint negligence this
<br />indernnity shall only apply to that of negligence actually attributable to
<br />Licensee, its agents or employees. In irion, it is further agreed that this
<br />indeITillity provision is not applicable in regard to solely and directly
<br />caused by Licensor, its agents or emp .
<br />
<br />J. Waiver: To waive all to question the of this License or
<br />any of the terms or provisions hereof, or the right or power of Licensor to execute
<br />and enforce same.
<br />
<br />AIZTICLE II I.
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<br />
<br />It is mutually agreed by and between the parties, follows:
<br />
<br />~. Repairs and Relocation:
<br />
<br />(a) Licensee will at all times maintain the Culverts in a safe
<br />and secure manner, and in a condition satisfactory to Licensor. Licensor may
<br />request Licensee to make reasonable as ln the judgment of Licensor
<br />shall be deemed necessary to avoid interference ,vi th or danger in the use or
<br />operation of Licensor!s railroad, or any oÌ its present or
<br />future appurtenances, or te , t lephone, s or other lines on
<br />Licensor's right of way.
<br />
<br />(b) If Licensee shall fail to rform any of its ob ions
<br />contained in this agreement to the maintenance of safe conditions in
<br />and about said Culverts on Lícensor's property or to make any necessary
<br />
<br />
<br />
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