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<br /> 3. Exceptinq as provided under Order No. 87-0320 of the
<br /> Illinois Commerce Commission dated September 14, 1988, the Grantee
<br /> shall, without charge or assessment therefor against the Grantor
<br /> or the Grantor's property, perform all work and furnish all
<br /> material necessary for the construction, maintenance or
<br /> reconstruction of the Structure, and make or cause to be made any
<br /> changes or alterations in the location or construction of the
<br /> Grantor's facilities that may be made necessary by this grant or
<br /> by the location, construction, or use of the Structure, and shall
<br /> also assume and pay all expense incurred by the Grantor incident
<br /> to, or as a result of, the exercise of this grant.
<br /> 4. Neither the Grantor nor its property shall be subjected
<br /> to any charge, assessment, or expense arising from, growing out
<br /> of, or in any way attributable to, the construction, maintenance,
<br /> use or operation of the Structure, whether within or without the
<br /> confines of Grantor's property, nor for any crossing protection
<br /> thereat, nor for any highway improvement thereon if this easement
<br /> is for roadway purposes, excepting as may be provided for under
<br /> Illinois Commerce Commission Order No. 87-0320. If the Grantor or
<br /> its property is legally subjected to any such charqe, assessment,
<br /> or expense, the Grantee shall pay Grantor, as additional
<br /> compensation for the rights granted in this indenture, an amount
<br /> of money equal to any such charge, assessment or expense paid by
<br /> the Grantor.
<br /> 5. The Grantor does not warrant title to the said described
<br /> premises in which the foregoing easement is granted and does not
<br /> undertake to defend the Grantee in the peaceable enjoyment
<br /> thereof, but the grant of easement aforesaid shall be subject to
<br /> the continuing lien of all lawful outstandinq existing liens and
<br /> superior rights, if any, in and to said premises.
<br /> 6. If any work to be performed by or for the Grantee is let
<br /> by contract, the Grantee shall require each contractor before
<br /> coming upon the Grantor's tracks or waylands, to obtain from the
<br /> Grantor's authorized representative permission for occupancy and
<br /> use of the premises and to ascertain and comply with the Grantor's
<br /> requirements for clearances, operations, and its general safety
<br /> regulations. The Grantor may furnish each contractor, at such
<br /> contractor's sole cost and expense, protective services and
<br /> devices, including, but not limited to, switchtenders, flagmen, or
<br /> watchmen as the Grantor may deem desirable for the safe and
<br /> continuity of railroad traffic during the work. Each contractor
<br /> shall be required by the Grantee to reimburse the Grantor promptly
<br /> upon receipt of bill for such protective services and devices
<br /> furnished to the contractor.
<br /> The Grantee shall withhold final payment to its contractor or
<br /> contractors until the Grantor has notified the Grantee that all
<br /> such bills have been settled. The Grantee shall reimburse the
<br /> Grantor upon receipt of bills for any work performed for the
<br /> Grantee by the Grantor.
<br /> Cost and expense for work performed by Grantor, as referred
<br /> to in this indenture, shall consist of the actual cost of labor
<br /> and materials plus Grantor's standard additives in effect at the
<br /> time the work is performed.
<br /> 7. For any work let by contract, the Grantee shall require
<br /> each of its contractors to furnish evidence of Workmen's
<br /> Compensation coverage and to maintain at all times during any
<br /> work: (A) Contractors' Public Liability and Property Damage
<br /> Liability Insurance, including automobile coveraqe, with a
<br /> combined single limit of $2,000,000 per occurrence with an
<br /> aggregate limit of $6 million for the term of the policy; (B) if
<br /> subcontractors are involved, Contractors' Protective Public
<br />� Liability and Property Damage Liability Insurance, with the limits
<br />� prescribed in (A) above; and (C) Railroad Protective Public
<br />
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