|
<br />h,,1
<br />
<br />.'\.
<br />
<br />'\,1
<br />,~:
<br />f- '
<br />.~,y,
<br />
<br />
<br />Form 20091-3
<br />
<br />6/1/76
<br />
<br />.::i"
<br />
<br />5. Railroad assumes no liability for injury to or death of persons or for
<br />loss of or damage to property arising or growing out of, or which may be due, in
<br />any manner, to or in connection with, the Licensee's aforesaid use of said right
<br />of way lands.
<br />
<br />6. Licensee hereby agrees to see that the work conducted by it or on its
<br />behalf hereunder on or about- the affected premises is performed in a manner satis-
<br />factory to Railroad's Chief Engineer or his authorized representative and in such
<br />manner and at such times as not to delay, interfere with, or obstruct the safe
<br />passage of Railroad's trains or the functioning of its signal and communication
<br />systems, and as well not to damage any property of Railroad, its tenants or
<br />licensees.
<br />
<br />7. Licensee hereby agrees to reimburse Railroad for the cost of repa1r1ng
<br />any property of Railroad, or others, damaged, lost or destroyed in connection with
<br />the performance of the aforesaid work by or for the account of Licensee on,or about
<br />the ~ranted,premises.
<br />
<br />8. During any period when work hereunder is being performed on premises by
<br />Licensee or its contractor, Railroad is authorized to furnish such flagmen or other
<br />protective services or devices and to take such other action as in Railroad's opinion
<br />may be necessary for Railroad's protection in the conduct of railroad operations; and
<br />Licensee, upon receipt of bill therefor, shall reimburse or cause its contractor to
<br />reimburse Railroad for any costs so incurred, such costs to be computed in accordance
<br />with Railroad's customary practices.
<br />
<br />{.;t
<br />
<br />9. Licensee, for itself and its successors and assigns, hereby waives any right I
<br />of assessment, now or in the future, against Railroad, as an adjacent property owner,
<br />for any and all improvements, including, but not limited to, paving, curbing, guttering I
<br />and sidewalks, on or adjacent to the premises covered by the grant herein made.
<br />
<br />10. When Railroad is required to install flashing light signals at the crossing
<br />pursuant to any governmental authority, Licensee, for itself and its successors or
<br />assigns, hereby covenants and agrees to reimburse Railroad for any and all sums expendel
<br />by Railroad in connection with,the furnishing, installing and maintenance of such
<br />flashing light signals.
<br />
<br />~;"''''
<br />11. This agreement ancJ"li.lJ the covenants and prOV1S1ons h'2reof shall inure
<br />to or bind each party's legal r~fresentatives, successors and assigns.
<br />
<br />12. Licensee shall, when returning this agreement to Railroad s~gned, cause
<br />,.'... same to be accompanied by such order, resolution or ordinance of the gove~ning
<br />body of Licensee, passed and approved as by law prescribed, and duly certi~ied,
<br />
<br />- 3 -
<br />
<br />,."
<br />
<br />,~ ";."
<br />
<br />, ,/,.
<br />
<br />" "\'::;',:L
<br />
|