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<br />Private Road Crossing License
<br />Page 3B
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<br />7. Liability: Licensee hereby assumes all liability and all the risks
<br />of injury to or death of any persons in Licensee's employ, and of all other per-
<br />sons whomsoever who may be upon or about said crossing, or for property damage to
<br />the property of any party whomsoever, caused by the negligence of Licensee, its
<br />agents, or employees, and agrees to indemnify, defend, and hold Licensor harmless
<br />therefrom. The risks of injury to or death of persons and loss or damage to
<br />property herein assumed by Licensee, as herein defined, shall include, but shall
<br />not be limited to, loss or damage to property of either of the parties hereto,
<br />and injury to or death of, or the loss or damage to property of the officers,
<br />agents, employees, contractors, licensees, or invitees of either of the parties
<br />hereto, and whether or not such injury to or death of persons shall arise under
<br />any Workmen's Compensation Act or Federal Employers' Liability Act. Provided,
<br />however, that notwithstanding the foregoing, should any loss or damage to pro-
<br />perty whosesoever or injury to or death of persons whomsoever be caused directly
<br />or indirectly as a result of any accident, collision or occurrence between any of
<br />Licensor's trains, locomotives or other vehicles or equipment as may be operated
<br />by Licensor, its agents and employees over the track passing through the crossing
<br />and any agent, servant, employee, or invitee of Licensee, then, in any such event,
<br />Licensee shall indemnify, defend and hold Licensor harmless from any and all such
<br />claims or demands or suits or actions, including all court costs and attorney's
<br />fees growing out of such loss, injury, or damage, regardless of whether or not
<br />same was contributed to by any negligence of Licensor, its agents and employees.
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<br />8. Waiver: To waive all right to question the validity of this License
<br />or any of the terms or provisions hereof, or the right of power of Licensor to ex-
<br />ecute and enforce same, and to waive the right to claim damages in the event an
<br />accident occurs at this crossing.
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<br />ARTICLE III
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<br />It is mutually agreed by and between the parties hereto as follows:
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<br />1. Termination: If Licensee fails to keep any of Licensee's covenants
<br />herein contained, or if the property use of Licensor of its railroad shall in
<br />Licensor's judgment make it impracticable to maintain the crossing as herein auth-
<br />orized, Licensor has the right to terminate this License with thirty (30) days
<br />notice to Licensee. No termination or expiration hereof shall affect the rights
<br />and liabilities, if any, of the parties hereto then existing.
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<br />2. Alterations: It is understood and agreed by the parties hereto that
<br />Licensor expressly reserves the right to rearrange, relocate, rebuild, repair, and
<br />multiply its tracks over and across said crossing and Licensee agrees to reimburse
<br />Licensor, upon demand, any additional expense of performing such work which would
<br />not have been incurred except for the presence of said crossing on Licensor's
<br />right of way.
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<br />3. Maintenance: Licensor agrees to perform maintenance work at Licen-
<br />see's request, but at Licensee's cost and expense, to that part of said crossing
<br />extending from end of railroad tie to end of railroad tie. Licensee agrees that
<br />it will advance the estimated cost of any maintenance work requested by Licensee
<br />to Licensor prior to any work being performed by Licensor.
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