|
indemnifies Railway, its officers, directors, agents and employees from and against any liability
<br /> for such damage.
<br /> 8. Entry Upon Premises. Licensee shall give Railway seventy-two (72) hours
<br /> advance written notice (or, in case of emergencies, such notice as may be reasonable under the
<br /> circumstances) of any entry upon the Premises for any purpose or any work to be performed on
<br /> or about the Premises. Licensee agrees to pay Railway, within thirty (30) days after delivery of
<br /> an invoice therefor, for any protection and inspection costs incurred by Railway, in Railway's
<br /> sole judgment, during any such entry.
<br /> 9. Liens; Taxes. Licensee will not permit any mechanic's liens or other liens to be
<br /> placed upon the Premises, and nothing in this Agreement shall be construed as constituting the
<br /> consent or request of Railway, express or implied, to any person for the performance of any labor
<br /> or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or
<br /> authority to contract for or permit the rendering of any services or the furnishing of any materials
<br /> that could give rise to any mechanic's liens or other liens against the Premises. In addition,
<br /> Licensee shall be liable for all taxes levied or assessed against the Facilities and any other
<br /> equipment or other property placed by Licensee within the Premises. In the event that any such
<br /> lien shall attach to the Premises or Licensee shall fail to pay such taxes, then, in addition to any
<br /> other right or remedy available to Railway, Railway may, but shall not be obligated to, discharge
<br /> the same. Any amount paid by Railway for any of the aforesaid purposes, together with related
<br /> court costs, attorneys' fees, fines and penalties, shall be paid by Licensee to Railway within ten
<br /> (10) days after Railway's demand therefor.
<br /> 10. Indemnification. Licensee hereby agrees to indemnify and save harmless
<br /> Railway, its officers, directors, agents and employees, from and against any and all liabilities,
<br /> claims, losses, damages, expenses (including attorneys' fees) or costs for personal injuries
<br /> (including death) and property damage to whomsoever or whatsoever occurring (hereinafter
<br /> collectively called "Losses") that arise in any manner from (a) the installation, construction,
<br /> maintenance, operation, presence or removal of, or the failure to properly install, construct,
<br /> maintain, operate or remove, the Facilities, or (b) any act, omission or neglect of Licensee, its
<br /> agents, servants, employees or contractors in connection therewith, unless caused solely by the
<br /> negligence of Railway or caused solely by the willful misconduct of Railway. '
<br /> 11. Insurance.
<br /> (a) Without limiting in any manner the liabilities and obligations assumed by II
<br /> Licensee under any other provision of this Agreement, and as additional protection to Railway, ,I
<br /> Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and �,
<br /> shall procure and maintain with insurance companies satisfactory to Railway, the insurance
<br /> policies described in subparagraphs (ii) and (iii).
<br /> (i) Upon execution of this Agreement, Licensee shall pay Railway a �',
<br /> risk financing fee of$1,000.00 per installation (herein called the "Risk Financing '�
<br /> Fee") to provide Railroad Protective Liability Insurance or such supplemental '
<br /> 3
<br /> 1
<br />
|