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right, but not the duty, to perform on behalf of Licensee at the
<br /> sole risk and expense of Licensee.
<br /> 10. In the event Railroad elects to renew, replace, repair or
<br /> alter any tracks or other facilities or to construct new
<br /> facilities or to make other use of the property covered by this
<br /> license, and in connection therewith requires the removal of any
<br /> facilities pZaced by Licensee on Railroad's property or should any
<br /> facilities of Licensee need renewal or repair, Licensee shall ,
<br /> within 30 days of rF��i�t of r�otice, arrange for such removal,
<br /> renewal or repair at Licensee's risk and expense. In the event
<br /> �removal is required, the facilities shall be relocated at such
<br /> location on Railroad's property as is designated by Railroad,
<br /> provided that Railroad's authorized representative determines that
<br /> a location is reasonably available. Renewal or repair shall be to
<br /> such condition as is indicated by Railroad's authorized
<br /> representative. If Licensee fails to comply with the foregoing,
<br /> Railroad shall have the right, but not the duty, to remove, renew
<br /> or repair such facilities at the sole risk and expense of
<br /> Licensee.
<br /> 11. Cost and expense for work performed by the Railroad
<br /> pursuant to this agreement shall consist of the direct cost of
<br /> labor and material plus Railroad's standard additives in effect at
<br /> the time the work is performed. All payments required of Licensee
<br /> under this agreement shall be made promptly upon presentation of a
<br /> I bill.
<br /> 12. Licensee, as a further consideration and as a condition
<br /> without which this license would not have been granted, agrees to
<br />' indemnify and save harmless Railroad, its officers, employees and
<br /> agents and to assume all risk, responsibility and liability for
<br /> death of, or injury to, any persons, including, but not limited
<br /> to, officers, employees, agents, patrons and licensees of the
<br /> parties hereto, and for loss, damage or injury to any property,
<br /> including but not limited to, that belonging to the parties hereto
<br /> (together with all liability for any expense, attorneys' fees and
<br /> costs incurred or sustained by the Railroad, whether in defense of
<br /> any such claims, demands, actions and causes of action or in the
<br /> enforcement of the indemnification rights hereby conferred)
<br /> arising from, growing out of, or in any manner or degree directly
<br /> or indirectly caused by, attributable to, or resulting from the
<br /> grant or exercise of this license or the construction,
<br /> maintenance, repair, renewal, alteration, change, relocation,
<br /> existence, presence, use, operation, or removal of any structure
<br /> incident thereto, or from any activity conducted on or occurrence
<br /> originating on the area covered by the license regardless of the
<br /> negligence of Railroad, its officers, employees and agents.
<br /> Licensee further agrees to release and indemnify and save harmless
<br /> Railroad, its officers, employees, agents, patrons or invitees
<br /> from all liability to Licensee, its officers, employees, agents or
<br /> patrons, resulting from railroad operations at or near the area in
<br /> which the license is to be granted whether or not the death,
<br /> injury or damage resulting therefrom may be due to the negligence
<br /> of the Railroad, its officers, employees or agents or otherwise.
<br /> At the election of Railroad, the Licensee, upon receipt of notice
<br /> to that effect, shall assume or join in the defense of any claim
<br /> • based upon allegations purporting to bring said claim within the
<br /> coverage of this section.
<br /> 13. It is expressly v*�derstood Railroa�i does not warsant
<br /> ici:�.Ie �::o �t�e pr�mises and i,icens�:� acceptis the grant of privi'leges
<br /> contained herein subject to all lawful outstanding existing liens
<br /> and superior rights. Licensee agrees it shall not have or make
<br /> any claim against Railroad for damages on account of any
<br /> deficiency in title and agrees that in the event of failure or
<br /> insufficiency of such title the sole remedy of Licensee shall be
<br /> the right to return of the consideration paid in advance, provided
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