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T � t <br /> � <br /> r� �, <br /> or remove the Canopies,unless such loss, damage or injury shall be caused solely by the negligence of <br /> Railway. � <br /> 3. The details of the Canopies, including any systems associated with the application or <br />� attachment of the Canopies,are to be at the option of City, subject to the approval of the chief engineering <br /> officer of Railway, and in case of failure of City to do the work as herein specified, Railway reserves the <br /> right to remove the Canopies from Railway's premises at the expense of City, and to terminate this <br /> Agreement upon thiriy(30)days'written notice to City. <br /> 4. All work performed under this Agreement shall be in accordance with the: (a)"Special <br /> Provisions for Protection of Railway Interest"attached hereto as E�chibit B and made a part hereof,and <br /> (b)"Norfolk Southern Paint Specifications Worker Health and Safety Plan"attached hereto as E�ibit C <br /> and made a part hereof. <br /> 5. It is further agreed that, in connection with any future alterations in or additions to the <br /> line, grade,tracks or works of Railway, City will bear the entire expense of such changes in the location <br /> and character of the Canopies as, in the opinion of the chief engineering officer of Railway, shall be <br /> necessary or appropriate on account of said alterations or additions.. <br /> 6. If the Canopies endanger the operations of the Railway or endanger the personnel of the <br /> Railway or anyone else entitled to be on Railway's property, City, at the request of Railway, and at City's <br /> expense, will modify the Canopies to the satisfaction of Railway so as to eliminate such danger. <br /> 7. If City fails to take any corrective measures requested by Railway in a timely manner or I <br /> if an emergency situation is presented which in the Railway's judgment requires immediate repairs to the I <br /> Canopies, Railway may undertake such corrective measures, as it deems necessary or desirable,at City's <br /> expense. <br /> 8. Notwithstanding any other provision of this Agreement, it is mutually understood,agreed <br /> and covenanted that City accepts this Agreement as a mere license and assumes all risk of damage to its <br /> property by reason of its occupation of the premises herein described, caused by any defects therein or <br /> business carried on therein, if such loss, damage or injury is caused by the negligence of City, its officers, <br /> agents or employees. <br /> 9. Railway shall furnish, at the cost of Railway, labor(flagging)to protect its traffic during <br /> the installation,maintenance,repair, renewal or removal of the Canopies. <br /> 10. It is further agreed between the parties hereto that City will use the exterior and underside <br /> of the Bridges solely for the Canopies, and for no other purpose without the written permission of the <br /> chief engineering officer of Railway. <br /> 11. City shall give Railway seventy-two (72) hours' advance notice (or less in case of <br /> emergencies) of any work to be performed on the premises of Railway. City agrees to pay any costs <br /> incurred by Railway for the purpose of inspection considered necessary by Railway during construction, <br /> maintenance, operation, modification, replacement and/or removal of the Canopies. <br /> 2 <br />