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Form C-1 <br />March, 1980 <br />80-103 06 <br />8. In the event of leakage or spillage from said structure or <br />any vehicle in the control or custody of Grantee or any contractor <br />for Grantee, Grantee shall, at its own expense, promptly clean Rail- <br />road's premises to the satisfaction of Railroad, the Environmental <br />Protection Agency and/or any public body having jurisdiction in the <br />matter. Any expense of required compliance with federal, state or <br />local environmental regulations incurred by Railroad or Grantee shall <br />be borne by Grantee, including any fines and judgments levied against <br />Railroad or its property. <br />9. As part consideration, Grantee agrees to pay Railroad an amount <br />equal to any and all assessments which may be levied by order of any <br />authorized lawful body against the property of Railroad (and which may <br />have been paid by Railroad) to defray any part of the cost or expense <br />incurred in connection with the construction of said structure upon said <br />property commenced within one (1) year from the date first herein written. <br />10. Grantee, its agents and employees subject to provisions hereof, <br />shall have the privilege of entry on said property for the purpose of <br />constructing, reconstructing, maintaining and making necessary repairs <br />to said structure. Grantee agrees to,give Railroad five (5) days' writ- <br />ten notice prior to commencement of any work on said structure, except <br />emergency repairs, in which event Grantee shall notify Railroad's author- <br />ized representative by phone. Grantee agrees to keep said property and <br />said structure in good and safe condition, free from waste, so far as <br />affected by Grantee's operations, to the satisfaction of Railroad. If <br />Grantee fails to keep said property and said structure in a good and safe <br />condition, free from waste, then Railroad may perform the necessary work <br />at the expense of Grantee, which expense Grantee agrees to pay to Railroad <br />upon demand. <br />11. In the event any work upon or in connection with said structure <br />or its appurtenances, to be done upon or adjacent to the tracks and prop- <br />erty of Railroad, should be let to a contractor by Grantee, such work <br />shall not be begun until such contractor shall have first entered into <br />an agreement with Railroad, satisfactory to Railroad, and indemnifying <br />Railroad from and against all claims, liability, cost and expense growing <br />out of the performance of the work to be done by such contractor. <br />Such contractor shall furnish, at the option of and without expense <br />to Railroad, a reliable surety bond in an amount and in a form satis- <br />factory to Railroad guaranteeing the faithful performance of all the terms, <br />covenants and conditions contained in said agreement. <br />12. Grantee shall assume all risk of damage to said structure and <br />appurtenances and to any other property of Grantee, or any property under <br />the control or custody of Grantee while upon or near the property of Rail- <br />road incident to the construction, reconstruction or maintenance of said <br />structure, caused by or contributed to in any way by the construction, <br />operation, maintenance or presence of Railroad's line of railroad at the <br />above -mentioned location. <br />-3- <br />