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<br />Form 20091-3
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<br />6/1/76
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<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,
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<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,
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<br />7, Licensee hereby agrees to reimburse Railroad for the cost of repairing
<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 granted premises"
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<br />8. During any period when work hereunder is being performed on premises by
<br />Licensee or its contrsctor, Rsilroad 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.
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<br />9. Licensee, for itself and its successors snd assigns, hereby waives any right
<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,
<br />and sidewalks, on or adjacent to the premises covered by the grant herein made.
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<br />10. When Railroad is required to install flashing light signals at the crossing
<br />pursuant to any governmental authority, Licensee, for itself snd its successors or
<br />assigns, hereby covenants and agrees to reimburse Railroad for any and all sums expende
<br />by Railroad in connection with ,the furnishing, installing and maintenance of such
<br />flashing light signals,
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<br />11. This agreement and"ai-l the covenants and provisions h~reof shall inure
<br />to or bind each party's legal refresentatives, successors and assigns.
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<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 Lic,ensee, passed and approved as by law prescribed, and duly certif.ied,
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