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<br /> DRAINAGE STRUCTURE LICENSE Page 2 <br /> specifications must be approved in writing by Licensor's Chief Engineer <br /> prior to commencement of the work by Licensee. Said work shall be performed <br /> by or on behalf of Licensee in such a manner and at such times as shall not <br /> endanger or interfere with the safe operation of the tracks and other <br /> facilities of Licensor at said location. No materials, tools, or equipment <br /> shall be stored any closer than ten (10) feet from the centerline of any <br /> tracks. The regulations of Licensor and the instructions of its <br /> representatives shall be complied with relating to the proper manner of <br /> protecting the tracks, pipe lines, wire lines, signals, and other property <br /> at said location as well as the traffic moving on such tracks. <br /> 2. Present Occupants: To make appropriate arrangements with any <br /> person or legal entity occupying the premises affected hereby pursuant to a <br /> lease or other permission granted by Licensor, so that Licensee's said <br /> Drainage Structure will not unreasonably interfere with the use of the <br /> subject property, or create undue hardship on the person or legal entity <br /> occupying the premises. <br /> 3. Liabili ty: Licensor shall not be liable for any damage to said <br /> Drainage Structure or the contents thereof, howsoever such damage shall be <br /> caused, whether by the negligence of Licensor, its agents, employees, or <br /> otherwise. <br /> 4. Indemnity: Licensee hereby assumes the risk of, and agrees to <br /> indemnify and hold Licensor harmless against, all liabili ty, damages, <br /> expenses, attorney's fees, and costs for injuries to and deaths of persons <br /> whomsoever, including employees of the Licensor and Licensee, and damages to <br /> and destruction of property whosesoever, including property of Licensor and <br /> Licensee, growing out of, incident to, or in any manner resulting during the <br /> construction, of said drainage structure on Licensor's right of way, unless <br /> caused solely and directly by the negligence of Licensor, it's agents or <br /> 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 <br /> like resulting in any manner whatsoever from this license during <br /> construction of said drainage structure as well as during maintenance, <br /> operations, and use of said structure. <br /> Upon completion of construction and during the entire remaining <br /> period of this license agreement including extensions, if any, to include <br /> but not be limited to the maintenance, operation, use and presence of said <br /> drainage structure on licensor's right of way, licensee hereby assumes the <br /> risk of and agrees to hold Licensor harmless against, all liability, <br /> damages, expenses, attorney's fees, and costs for injuries to and deaths of <br /> persons whomsoever, including employees of Licensor and Licensee, and <br /> damages to and destruction of property whosoever, including property of <br />