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r <br />MI8IT 10. <br />THIS AGREEMENT, made this day of <br />19 , by and between SOUTHERN PACIFIC COMPANY, a corporation, <br />first party, herein called "Railroad;" and <br />second party, herein called "Contractor"; <br />RECITALS: <br />Railroad and <br />hereinafter termed third party,' entered into <br />a certain agreement dated the day of <br />19 , permitting third party <br />to construct reconstruct, maintain and operate <br />an eighteen ('18) ineh and a twenty-four (A) inch <br />concrete sewer pipes encased in a sixty (60) inch <br />corrugated culvert, <br />hereinafter termed "structure," across the ri ht <br />of way and beneath the tracks of Railroad at <br />Engineer Station 758+86 in the location shown by <br />red line on the print of Western Div'n. Drawing X-928, <br />Rev. Oct. 9, 1946, hereto attached and made a part <br />hereof, at Mulford, Alameda County, California. <br />Contractor has entered into an agreement <br />dated the day of , 19 , <br />with said third party, covering the work of <br />installing said structure. <br />In installing said structure it is neces- <br />sary for Contractor, Contractor's employees and <br />subcontractors to work upon the right of way of <br />Railroad. <br />ArrRRR1V RNT <br />NOW, THEREFORE, it is mutually agreed by and between the <br />parties hereto as follows, to -wit: <br />1. Railroad, in consideration of the faithful perform- <br />ance by Contractor of all the covenants and agreements herein con- <br />tained, hereby permits Contractor to enter upon the right of way <br />of Railroad at s a id Val.f ord, Alasteda C oymty, California , and to <br />construct and install said structure in the location hereinbefore <br />mentioned and in the manner hereinafter set forth. <br />2. Contractor, in advance of performing any v,ork upon or <br />near the premises of Railroad under said agreement between said <br />third party and said Contractor, shall give Railroad a bond in the <br />sum of IM THOUSAND - - - - - - - - - ( 10,000. ) Dollars, in form <br />and with good and sufficient surety to be approved by Railroad, <br />conditioned that Contractor will vuell and truly perform and fulfill <br />all of the covenants, conditions, stipulations and obligations on <br />-1- <br />