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PEDESTRIAN WALKWAY LICENSE Page 2 and destruction of ?roperty whosesoever, including property of Licensor and Licensee, growing out of, incident to, or in any manner resulting during the construction of said walkway on Licensor's right of way, unless caused solely and directly by the negligence of the Licensor. In addition, Licensee shall reimburse Licensor for any damages or repairs to Licensor's property made necessary by acts of vandalism or the like resulting in any manner whatsoever from this license during construction of said pedestrian walkway as well as during maintenance, operations and use. Upon completion of construction and during the entire remaining period of this license agreement including extensions, if any, to include but not be limited to the maintenance, operation, use and presence of said pedestrian walkway license on licensor's right of way, licensee hereby assumes the risk of and agrees to hold Licensor harmless against, all liability, damages, ex?enses, attorney's fees, and costs for injuries to and deaths of persons whomsoever, including employees of Licensor and Licensee, and damages to and destruction of property whosoever, including property of Licensor and Licensee, growing out of, incident to, or in any manner resulting from negligence of licensee in any manner whatsoever to include but not be limited to licensee's sole negligence and/or joint negligence, but in respect to joint negligence this indemnity shall only apply to that percentage of negligence actually attributable to licensee, its agents or employees. In addition, it is further agreed that this indemnity provision is not applicable in regard to negligence solely and directly caused by licensor, its agents or employees. 3. Waiver: To waive all right to question the validity of this Agreement or any terms or provisions hereof, or the right or power of Licensor to execute and enforce same, and to waive the right to claim damages in the even~ an accident occurs at this crossing. ARTICLE III It is mutually by and between the parties hereto as follows: 1. Termina~ion: If Licensee fails to keep any of Licensee's covenants herein conta_ned or ~t, for any reason, the Licensor's operation (in Licensor's ~ ì shall make it impracticable to maintain the walkway as herein authorized, Licensor has the right to terminate this agreement with thirty (30) written notice to Licensee. No termination or expiration hereof shall affect the rights and liabilities, if any, of the parties hereto then existing.