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� � .� <br /> -2- <br /> The Railroad Company may, at the Licensee ' s sole cost and <br /> expense, furnish whatever protective services it considers <br /> necessary, including, but not limited to, flagmen, watchmen and <br /> inspectors . <br /> As a consideration and as a condition, without which this <br /> license would not have been granted, the Licensee agrees to <br /> indemnify the Railroad Company in accordance with the terms of <br /> "Exhibit A - Indemnity" attached hereto and made a part hereof . <br /> Railroad Company' s exercise or failure to exercise any rights <br /> under this agreemer_t shall not relieve Licensee of anv <br /> responsibility under this agreement, including, but not limited <br /> to, the obligation to indemnify Railroad Company as herein <br /> provided. <br /> Cost and expense for work performed by Railroad Company, as <br /> referred to in this agreement, shall consist of the actual cost of <br /> labor and materials plus Railroad Company' s standard additives in <br /> effect at the time the work is performed. <br /> This License shall become effective as of the date first <br /> above written and shall continue in effect thereafter until <br /> terminated in one of the manners set forth below: <br /> ( i) Either party may at any time give the other party <br /> written notice of termination specifying the date on which <br /> termination shall be effective, provided that such notice shall be <br /> delivered at least thirty (30) days in advance of the proposed <br /> date of termination. <br /> ( ii) Railroad shall have the right to terminate this <br /> License immediately upon written notice to Licensee if Licensee at <br /> any time breaches or fails to perform any of the terms and <br /> conditions hereof. <br /> (iii) This License shall terminate through non-use or <br /> in any other manner provided by law. <br />