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<br />2-12-82
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<br />services or devices and to take such other action as in Railroad's opinion may be neces-
<br />sary for Railroad's protection in the conduct of railroad operations; and Licensee,
<br />upon receipt of bill therefor, shall reimburse Railroad for any costs so incurred, such
<br />cost to be computed in accordance with Railroad's customary practices.
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<br />5. Licensee shall require any contractor engaged or employed to perform any
<br />work hereunder on behalf of Licensee on any part of Premises to procure and keep in
<br />effect during the period of such work Workmen's Compensation insurance - statutory limit,
<br />and contractor's public liability and property damage insurance, covering operations of
<br />such contractor or any of his subcontractors incident to or in connection with perform-
<br />ance of said work on or about Premises, in amounts of not less than $500,000/$1,000,000
<br />for each - bodily injury and property damage coverage during the policy period; such
<br />insurance shall be in form and in companies satisfactory to Railroad and shall not be
<br />subject to change or cancellation on less than 15 days' written notice to Railroad.
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<br />6. Regardless of the insurance provisions set forth in Section 5 hereof,
<br />Licensee shall further require any contractor engaged or employed to perform any of
<br />the work referred to herein on any part of Railroad's property covered by this agree-
<br />ment to procure and keep in effect during the period of such work Railroad Protective
<br />Liability Insurance, in form set forth in Federal Highway Program Manual, Volume 6,
<br />Chapter 6, Section 2, Subsection 2, dated October 25, 1974, issued by Federal Highway
<br />Administration, as amended, on behalf of Railroad, in amount of $2,000,000 combined
<br />single limit per occurrence for bodily injury, death and property damage, with an
<br />aggregate limit of $6,000,000 during the annual policy period; such insurance shall
<br />be in form and in a company satisfactory to Railroad; and Licensee or its contractor
<br />shall not attempt to perform any work on or about Premises until notified by Railroad
<br />that the Railroad Protective Liability policy required hereunder is in form satisfactory
<br />to Railroad.
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<br />7. Licensee further hereby agrees that Railroad shall n04 at any time, be
<br />required to bear or assume any cost or expense in or incident to the construction
<br />and maintenance of the Drainage Facility; Licensee hereby expressly agrees to bear
<br />and assume all such cost and expense.
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<br />Licensee hereby agrees to reimburse the Railroad for any and all costs of
<br />repairing or replacing any property of Railroad or others damaged or destroyed as a
<br />result of the performance of any work hereunder by or on behalf of Licensee, or as a
<br />result of the exercise of the rights herein granted.
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<br />8. Licensee shall, and hereby agrees to, assume and discharge, and protect,
<br />indemnify and save harmless Railroad from and against: (a) any and all claims, de-
<br />mands, judgments, losses, costs and expenses for injury to or death of any and all
<br />persons and damage to or loss or destruction of any and all property (including, but
<br />not limited to, the parties hereto and their employes, and the property of said parties
<br />and of their said employes) in any manner caused by, arising from or growing out of any
<br />work done by or for the Licensee in or incident to the installation of Drainage Facility,
<br />or in any manner caused by, arising from or growing out of the existence, maintenance
<br />)r use of Drainage Facility, and (b) any complaint, claim or damages grounded upon
<br />:he effect at any time of any water which because of the excavation, maintenance or
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