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. � PS- FORM 1001-G
<br /> REVISED APRIL 29,2008
<br /> AGREEMENT NO. CSX654431
<br /> 7. FACILITY CHANGES:
<br /> 7.1 Licensee shall periodically monitor and verify the depth or height of the
<br /> Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
<br /> Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
<br /> be necessary to comply with the minimum clearance requirements of Licensor.
<br /> 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
<br /> whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
<br /> any change in circumference, diameter or radius of pipe or change in materials transmitted in and
<br /> through said pipe), or is required by any public agency or court order to do so,plans therefor
<br /> shall be submitted to Licensor for approval before such change. After approval, the terms and
<br /> conditions of this Agreement shall apply thereto.
<br /> 8. INTERFERENCE WITH RAIL FACILITIES:
<br /> 8.1 Although the Facilities/Encroachment herein permitted may not presently
<br /> interfere with Licensor's railroad or facilities, in the event that the operation, existence or
<br /> maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
<br /> (including,but not limited to,physical or interference from an electromagnetic induction, or
<br /> interference from stray or other currents)with Licensor's power lines, communication, signal or
<br /> other wires, train control system, or electrical or electronic apparatus; or(b) interference in any
<br /> manner,with the operation,maintenance or use of the rail corridor,track(s), structures,pole
<br /> line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
<br /> upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
<br /> cost and expense, shall promptly make such changes in its Facilities or installation, as may be
<br /> required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
<br /> Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
<br /> cost.
<br /> 8.2 Without assuming any dut��hereunder to inspect the Facilities, Licensor hereby
<br /> reserves the right to inspect same and to require Licensee to undertake repairs,maintenance or
<br /> adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
<br /> cost and expense.
<br /> 9. RISK, LIABILITY,INDEMNITY:
<br /> With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
<br /> 9.1 To the fullest extent pernutted by State law (constitutional or statutory, as
<br /> amendedj, Licetisee hereby agrees to, defend, indexnnify, and hold Licensor harmless from and
<br /> against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
<br /> suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
<br /> whomsoever(including officers, agents, employees or invitees of Licensor), and for damage to
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