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Contractor's part tc s 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._tracks9 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 Contractor. Contractor, at Contractor's <br />own cost and expense, shall maintain a competent flagman or flagmen <br />at all times while private crossings over the tracks of Railroad <br />are being used by Contractor, Contractor's agents, employees and/or <br />Contractor's subcontractors. <br />4. Contractor agrees that the license hereby given Con- <br />tractor to enter upon the premises of said Railroad for the purpose <br />of performing any of the work covered by said agreement between <br />said third Marty and said Contractor, shall not give nor be deemed <br />or construed to give said Contractor the right to do or perform <br />any work whatsoever at any time upon or in connection with the work <br />covered by said agreement between said third party and said Con- <br />tractor that will render unsafe the use by Railroad of its real <br />estate, tracks, buildings and/or other appurtenances now or here- <br />after 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 sar:e may '-�e 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 Rail- <br />road under said agreement between said third party and said Con- <br />tractor, also frori all claims, demands, cost, loss, damage and <br />liability howsoever same may be caused, resulting directly or in- <br />directly, made or suffered by said Contractor, Contractor's agents, <br />employees and/or Contractor's subcontractors9 while engaged in <br />the r erf ormance of said work. <br />-2- <br />