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Private Road Crossing License Page 2B 2. Use: This crossing shall be a private crossing and is not intended for peblic use. T~e crossing shall be used by Licensee, his customers, guests, in- vitees, employees, agen~s or servants, and Licensee shall use its best efforts to prevent use of the crossings by any other persons. 3, Insurance: Prior to commencement of this License, Licensee will secure and maintain in force at its sole cost and expense during the entire term and renewed term of this License: (a). A General or Comprehensive Public Liability Insurance Policy or policies with an insurance company permitted to issue policies in this state. Said policy shall name Licensee (and its independent contractor if any) as the named insured therein, said policies to include contrac- tual liability coverage whereby Licensee's covenants to indemnify Licensor herein contained shall be specifically brought wittin the coverage of said policy by special endorsement thereon. The coIT~ined single limits of lia- bility in said policy or policies shall not be less than $2,000,000 per occurrence for injury to or death of one or ~ore persons and for property damage. (b). Licensee shall furnish Licensor a certified copy of the policy described above, including all endorsements, and said certified copy shall be endorsed agreeing to give Licensor not less than ten (10) days notice of any termination thereof, and any ch~~ges which w~ll restrict or reduce the coverage provided or change the name of the insured. Thereafter, and as long as said policy reITains with the same insuror and remains unchanged, Licensee shall furnish to Licensor, at least once a year on or before the date upon which the certified copy of t~e policy expires, a certificate of insurance reflecting the coveraqe required. (c). Any lapse or reduction in insurance coverage as required herein shall constitute an act of default, ~~d shall automatically te~inate ~~is License, without notice being required, except that any and all liabili- ties, covenants, agreements, undertakings, obligations (other than the future payment of rent), risks, and duties herein assumed by Licensee shall remain in full force and effect. 4. Prior ?erformance: Licensee agrees to construct ~~d maintain at its sole cost and expense, and in a manner satisfactory and acceptable to Licensor's Chief &~gineer, that part of the crossing, includ~g all grading, installation of all drain- age facilities, and approaches, located on Licensorls right of way, other than that part between the end of railroad ties. Licensor hereby consents to Licenseels entries upon Licensor's rigtt of way for such purposes. 5. Obscurities: To maintain the right of way of Licensor at said private crossing so it will be reasonably clear of vegetation, undergrowth, or other debris for a distance of 250 feet each way from such crossing, when such would materially obscure approaching trains from the view of travelers on Licensor's private crossing. Licensor hereby consents to Licensee' entries upon Licensor's right of way for such purposes. Licensee shall have twenty (20) days after receipt of written no~ice by Licensor of such obscurity in which to remedy the situation. 6. Flange Grooves: Licensee, at its sole expense, agrees to keep the flange grooves of Licensor's tracks at said crossing clean and clear at all times.