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Form C-1 Approved as to form by General Counsel ald May 7, 1993
<br />Rev. 04/23/92 L-17.9 -5 (2-5-96)
<br />Page 3 of 5
<br />installation and removal of such falsework and other protection
<br />beneath or along Railroad's tracks, and the furnishing of such
<br />watchmen, flagmen and inspectors as Railroad deems necessary.
<br />Grantee agrees to reimburse Railroad and/or the owner of the
<br />telecommunication system for all expenses which either may incur
<br />which expenses would not have been incurred except by the reason of
<br />the use of said premises by Grantee, its agents, employees or
<br />invitees including relocation costs or any damages incurred by such
<br />owner due to the injury to the telecommunication system.
<br />7. In the event Railroad shall at any time so require,
<br />Grantee, at Grantee's expense, shall reconstruct, alter, relocate
<br />said structure or otherwise improve said structure upon receipt of
<br />written notice from Railroad so to do.
<br />8. Grantee shall, at its expense, comply with all applicable
<br />laws, regulations, rules and orders regardless of when they become
<br />or became effective, including, without limitation, those relating
<br />to health, safety, noise, environmental protection, waste disposal,
<br />and water and air quality, and furnish satisfactory evidence of
<br />such compliance upon request of Railroad.
<br />Should any discharge, leakage, spillage, emission or pollution
<br />of any type occur upon or arise from the premises covered hereunder
<br />as a result of Grantee's use, presence, operations or exercise of
<br />the rights granted hereunder, Grantee shall, at its expense, be
<br />obligated to clean all property affected thereby, whether owned or
<br />controlled by Railroad, or any third person, to the satisfaction of
<br />Railroad (insofar as the property owned or controlled by Railroad
<br />is concerned) and any governmental body having jurisdiction in the
<br />matter. Railroad may, at its option, clean Railroad's premises; if
<br />Railroad elects to do so, Grantee shall pay Railroad the cost of
<br />such cleanup promptly upon the receipt of a bill therefor.
<br />Grantee agrees to investigate, release, indemnify and defend
<br />Railroad from and against all liability, cost and expense
<br />(including, without limitation, any fines, penalties, judgments,
<br />litigation costs and attorney fees) incurred by Railroad as a
<br />result of Grantee's breach of this section, or as a result of any
<br />such discharge, leakage, spillage, emission or pollution,
<br />regardless of whether such liability, cost or expense arises during
<br />the time this indenture is in effect or thereafter, unless such
<br />liability, cost or expense is proximately caused solely and
<br />exclusively by the active negligence of Railroad, its officers,
<br />agents or employees.
<br />9. As part consideration, Grantee agrees to pay Railroad an
<br />amount equal to any and all assessments which may be levied by
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