Ord 1980-024 - Laserfiche WebLink

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I I , - 2 - cars, and other Railroad facilities at said location. No materials, tools, or equipment shall be stored any clOser than ten (10) feet of the centerline of any track. The regu- lations of Railroad and the instructions of its representatives shall be complied with relating to the proper maImer of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic moving on such tracks and the re- moval of tools, equipment and materials. 4. Contractor agrees to reimburse Railroad for all costs and expenses incurred by Railroad in cormection with Work performed by Contractor or Subcontractor, including, but not limited to, the furnishing of such inspectors, watchmen and flagmen as Railroad deems necessary to protect its property, tracks, engines, trains and cars, and the operation thereof, the installation and removal of any necessary falsework beneath the tracks of Railroad, and the restoration of Railroad's property. The permission herein given shall not. be assigned by Cont ractor wi ti1 out the prior written consent of Railroad except in the case of Subcontractors, who shall be deemed agents of Contractor sub ject to the terms of this Agreement. Contractor, at Contractor's expense, shall maintain competent flagmen to pro- tect and control the movement of vehicles and equipment of Contractor at all times while private crossings over the tracks of Railroad are being used by Contractor" Contractor's Agents, employees and/or Subcontractors, in connection with said Vvork. 5. In consideration of the added hazard brought about by Contractor's operations upon Railroad's premises, Contractor agrees to release and indemnify Railroad from and against a II costs, expenses, claims and liability for injury to or death of any persons, and for damage to or loss of any property, however caused, resulting from, arising out of, or in any way connected with theaork Wlder said contract upon or adjacent to Rail- road's property, whether or not caused or contributed to by the operation of trains on Railroad's adjacent track, or by any negligence or alleged negligence on the part of any of Railroad's agents or employees. For purposes of this Section 5, the term "Railroad" shall include any other railroad company using Railroad's property at said location with Railroad's consent, and any affiliate, subsidiary, or lessor Railroad. 6. Should Railroad bring suit to compel performance of or to recover for breach of any covenant or condition contained herein, Contractor shall pay to Railroad reason- able attorney fees in addition to the amoWlt of judgment and costs. IN 'iiITNESS ~'lHEREOF, the parties hereto have caused these presents to be executed as of the day and year first herein written. MISSOURI-Y~NSAS-TEXAS RAIlROAD COMPANY By ~~ '--~"'~ 1 ~ ~R- Vice President-Operation I Contractor's address: BY~~'Y~~'L Title J\'\\ ~