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80-103506
<br />Form C-1
<br />March., 19.80
<br />Insofar as it lawfully may, Grantee agrees to release and indem-
<br />nify Railroad, its officers, employees, agents, successors and assigns,
<br />from all claims, liability, cost and expense.howsoever same may be
<br />caused, including reasonable attorney fees, for loss of or damage to
<br />property and for injuries to or death of persons arising out of the
<br />construction, reconstruction, maintenance, presence, use or removal of
<br />said structure, regardless of any negligence or alleged negligence on
<br />the part of Railroad employees.
<br />The word "Railroad," as used in this section, shall be construed
<br />to include, in addition to Railroad, the successors, assigns and affil-
<br />iated companies of Railroad and any other railroad company that may be
<br />lawfully operating upon and over the tracks crossing or adjacent to said
<br />structure, and the officers and employees thereof.
<br />13. Should Grantee, its successors or assigns, at any time abandon
<br />the use of said property, or any part thereof, or fail at any time to use
<br />the same for the purpose contemplated herein for a continuous period of
<br />one (1) year, the right hereby given shall cease to the extent of the
<br />use so abandoned or discontinued, and Railroad shall at once have the
<br />right, in addition to, but not in qualification of, the rights herein -
<br />above reserved, to resume exclusive possession of said property or the
<br />part thereof the use of which is so discontinued or abandoned.
<br />Upon termination of the rights and privileges hereby granted, Gran-
<br />tee, at its own cost and expense, agrees to remove said structure from
<br />said property and restore said property as nearly as practicable to the
<br />same state and condition in which it existed prior to the construction
<br />of said structure. Should Grantee in such event fail, neglect or refuse
<br />to remove said structure and restore said property, such removal and res-
<br />toration may be performed by Railroad, at the expense of Grantee, which
<br />expense Grantee agrees to pay to Railroad upon demand, or Railroad may,
<br />at its option, assume ownership of said structure.
<br />14. This indenture shall inure to the benefit of and be binding
<br />upon the successors and assigns of the parties hereto.
<br />IN WITNESS WHEREOF, the parties hereto have caused these presents
<br />to be executed in duplicate the day and year first herein written.
<br />SOUTHERN PACIFIC TRANSPORTAT ON CITY OF SAN-,LEANDRO,.
<br />COVIII.ANY,
<br />BY
<br />�'
<br />D ( i a J o.
<br />� Y
<br />(T1. le) iContract Dept .�
<br />Attest: - By z -_
<br />Assistant Secretary �, ;'';i;l0 Clerk
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