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Page 4. �I
<br /> 12. Licensee, as a fiuther consideration and as a condition without which this l�cense
<br /> would not have been granted, agrees to indemnify and save hannless Railrbad, its
<br /> officers, employees and agents and to assume all risk, responsibility and liability
<br /> for death of, or injury to, any persons, including,but not limited to, officer�,
<br /> employees, agents,patrons and licensees of the parties hereto, and for loss,l
<br /> damage or injury to any property, including but not limited to, that belongi#ig to
<br /> the parties hereto (together with all liability for any expense, attomeys' fee and
<br /> costs incurred or sustained by the Raikoad,whether in defense of any such
<br /> claims, demands, actions and causes of action or in the enforcements of th
<br /> indemnification rights hereby conferred) arising from, growing out of, or u}any
<br /> manner or degree directly or indirectly caused by, attributable to, or result' g
<br /> from the grant or exercise of this license or the construction,maintenance,�epair,
<br /> renewal, alteration, change, relocation, existence,presence, use, operation, or
<br /> removal of any structure incident thereto, or from any activity conducted on or
<br /> occurrence originating on the azea covered by the license regardless of the '
<br /> negligence of Railroad, its officers, employees and agents. Licensee furthe�
<br /> agrees to release and indemnify and save harmless Railroad, its officers,
<br /> employees, agents,patrons or invitees from all liability to Licensee, its offi ers,
<br /> employees, agents or patrons,resulting from railroad operations at or near t�ie area
<br /> in which the license is to be granted whether or not the death, injury or daniage
<br /> resulting therefrom may be due to the negligence of the Railroad, its office�s, I
<br /> employees or agents or otherwise. At the election of Railroad, the License�, upon 'I
<br /> receipt of notice to that effect, shall assume or join in the defense of any clalim ',,
<br /> based upon allegations purporting to bring said claim within the coverage af this ��
<br /> section.
<br /> 13. It is expressly understood Railroad does not warrant title to the premises anid
<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�{ave to
<br /> make any claim against Railroad for damages on account of any deficiencylin 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 or insufficiency of title. Licensee further agrees to indemnify an�d save
<br /> harmless the Railroad and to assure all risk, responsibility and liability(including
<br /> any expenses, attorneys' fees and costs incurred or sustained by Railroad) 'sing
<br /> from, growing out of, or in any manner or degree directly or indirectly attri utable
<br /> to or resulting from any deficiency or insufficiency of its title affecting the 'ght
<br /> of the Railroad to make this grant. ,
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