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Contractor's part to be performed as set forth herein. <br />3. Contractor agrees that should Railroad deem it neces- <br />sary to engage any inspectors, watchmen or flagmen, or to install <br />falsework to protect its tracks, engines, trains or cars during the <br />performance of the work provided for in said agreement between said <br />third party and said Contractor, Contractor will upon request fully <br />reimburse said Railroad promptly for all costs and expenses which <br />may be incurred by Railroad incident to or in connection with the <br />work to be performed by said Contractorf Contractor, at Contrac- <br />tor's own cost and expense, shall maintain a competent flagman or <br />flagmen at all times while private crossings over the tracks of <br />Railroad are being used by Contractor, Contractor's agents, <br />employees and/or Contractor's subcontractors. <br />4. Contractor agrees that the license hereby given <br />Contractor to enter upon the premises of said Railroad for the <br />purpose of performing any of the work covered by said agreement <br />between said third party and said Contractor, shall not give nor <br />be deemed or construed to give said Contractor the right to do or <br />perform any work whatsoever at any time upon or in connection with <br />the work covered by said agreement between said thira party and <br />said Contractor that will render unsafe the use by Railroad of its <br />real estate, tracks, buildings and/or other appurtenances now or <br />hereafter existing, or weaken or injure same for the operation of <br />Railroad's trains, cars or engines, or for Railroad's other pur- <br />poses. <br />5, Contractor shall indemnify and save Railroad harmless <br />from and against any and all claims, demands, cost, loss, damage, <br />injury and liability howsoever same may be caused, resulting <br />directly or indirectly from the performance of any or all of the <br />work to be done upon the premises and beneath the tracks of Railroad <br />under said agreement between said third party and said Contractor, <br />also from all claims, demands, cost, loss, damage and liability <br />howsoever same may be caused, resulting directly or indirectly, <br />made or suffered by said Contractor, Contractor's agents, employees <br />and/or Contractor's subcontractors, while engaged in the performance <br />of said work, <br />-2- <br />1 <br />