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'Form C-1 Approved as to form by General Counsel ald May 7, 1993 Rev. 04/23/92 L-17.9 -5 (2-5-96) Page 4 of 5 order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written. 10. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. No work on Railroad's premises shall be commenced by any contractor for Grantee until such contractor has entered into Railroad's standard Contractor's Right of Entry agreement covering such work. 12. To the extent allowed by law, Grantee agrees to and shall indemnify and hold harmless Railroad, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits, and liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with any work done, action taken or permitted by Grantee, its subcontractors, agents or employees under this indenture. It is the express intention of the parties hereto, both Grantee and Railroad, that the indemnity provided for in this paragraph indemnifies Railroad for its own negligence, whether that negligence is active or passive, or is a concurring cause of the injury, death or damage; provided that said indemnity shall not protect Railroad from liability for death, injury, loss or damage arising from the sole negligence, willful misconduct or criminal actions of Railroad, its officers, agents and employees. The word "Railroad" as used in this section shall be construed to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. Should Grantee, its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and