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Form C-2
<br />July, 1982
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<br /> 8. Grantee shall, at its expense, comply with all applicable laws,
<br />regulations, rules and orders, regardless of when they become or became
<br />effective, including without limitation those relating to health, safety,
<br />noise, environmental protection, waste disposal, and water and air
<br />quality, and furnish satisfactory evidence of such compliance upon re-
<br />quest of Railroad.
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<br /> Should any discharge, leakage, spillage, emission, or pollution of
<br />any type occur upon or from the premises due to Grantee's use and occu-
<br />pancy thereof, Grantee, at its expense, shall be obligated to clean
<br />the premises to the satisfaction of Railroad and any governmental body
<br />having jurisdiction thereover.
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<br /> Grantee agrees to indemnify, hold harmless and defend Railroad against
<br />all liability, cost and expense (including without limitation any fines,
<br />penalties, jud~ments, litigation costs and attorney fees) incurred by
<br />Railroad as a result of Grantee!s breach of this section, or as a result
<br />of any such discharge, leakage, spillage~emission or pollution, regard-
<br />less of whether such liability, cost or expense arises during the life
<br />of this indenture unless such liability, cost or expense is proximate!y
<br />caused solely by the active negligence of Railroad.
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<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 />auzhorized 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 heroin written.
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<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 />an the expense of Grantee, which expense Grantee agrees to pay to Railroad
<br />upon demand.
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<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.
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