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R2008-145 AUTHORIZING AN AGREEMENT
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R2008-145 AUTHORIZING AN AGREEMENT
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Last modified
10/21/2015 11:06:18 AM
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10/21/2015 11:06:16 AM
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Resolution/Ordinance
Res Ord Num
R2008-145
Res Ord Title
AUTHORIZING THE EXECUTION OF AN AGREEMENT ILLINOIS CENTRAL RAILROAD WATER MAIN CROSSING PERMIT
Approved Date
9/15/2008
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A .� <br /> renewal alteration chan e relocation existence resence use o eration or I <br /> , , g , � ,P , , p , <br /> removal of any structure incident thereto, or from any activity conducted on or � <br /> occurrence originating on the area covered by the license regardless of the � <br /> negligence of Railroad, its officers, employees and agents. Licensee further I <br /> agrees to release and indemnify and save harmless Railroad, its officers, I <br /> employees, agents,patrons or invitees from all liability to Licensee, its officers, � <br /> employees, agents or patrons, resulting from railroad operations at or near the area <br /> in which the license is to be granted whether or not the death, injury or damage <br /> resulting therefrom may be due to the negligence of the Railroad, its officers, <br /> em lo ees or a ents or otherwise. At the election of Railroad, the Licensee,u on <br /> P Y g P <br /> receipt of notice to that effect, shall assume or join in the defense of any claim <br />' based upon allegations purporting to bring said claim within the coverage of this <br /> section. <br /> 12. Licensee shall secure, and maintain in place so long as this agreement is in effect, <br /> Comprehensive General Liability Insurance (Occurrence Form) in an amount not <br /> less than$5,000,000 per occurrence, with an aggregate of not less than <br />, $10,000.000 per annual period. The policy must name Railroad and its parent <br /> company, Canadian National Railway Company, as additional insured's in the <br /> following form: <br /> Illinois Central Railroad Company, and its Parent Corporation, <br /> Canadian National Railway Company <br /> 17641 S Ashland Ave <br /> Homewood, I160430 <br /> The policy must not contain any provisions excluding coverage for injury, loss or <br /> damage arising out of or resulting from doing business on, near, or adjacent to <br /> railroad track or facilities. Before commencing work, Licensee shall deliver to <br /> Railroad a certificate of insurance evidencing the foregoing coverage's and true <br /> and complete copies of the policies described above. Each policy shall include a <br /> waiver by the insurer of any right of subrogation against any recovery by or on <br /> behalf of any insured. Each policy shall provide for not less than thirty days prior <br /> written notice to Railroad of cancellation of or any material change in that policy. <br /> 13. It is expressly understood Railroad does not warrant title to the premises and <br /> Licensee accepts the grant of privileges contained herein subject to all lawful <br /> outstanding existing liens and superior rights. Licensee agrees it shall not have to <br /> make any claim against Railroad for damages on account of any deficiency in title <br /> and agrees that in the event of failure or insufficiency of such title the sole remedy <br /> of Licensee shall be the right to return of the consideration paid in advance, <br /> provided for herein, or a proportionate part thereof in the event of a partial <br /> deficiency ar insufficiency of title. Licensee further agrees to indemnify and save <br /> harmless the Railroad and to assure all risk, responsibility and liability(including <br /> 4 <br />
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