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DK38 DC52 S -2252 SHT 3
<br /> (Rev. 1/83)
<br /> Shoui.' Lessee fail, neglect or refuse so to do, Railroad shall have the right to pay any amount required
<br /> to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment
<br /> entered therein, and Lessee shall be liable to Railroad for all costs, damages, and reasonable attorneys'
<br /> fees, and any amounts expended in defending any proceedings, or in the payment of any of said liens
<br /> or any judgment obtained therefor. Railroad may post and maintain upon the leased premises notices
<br /> of nonresponsibility as provided by law.
<br /> 11. If the leased premises or any part thereof are in either the State of Arizona or Utah, Lessee
<br /> will give Railroad and any lessor of Railroad, before allowing any construction, alteration or repair
<br /> to be done upon the leased premises, a bond satisfactory in form and amount and to be issued by a
<br /> surety company approved by Railroad, on the condition that Lessee shall pay or cause to be paid all
<br /> contractors, subcontractors, laborers, operatives and other persons who may labor or furnish labor,
<br /> materials, or tools in the performance of such construction, alteration, or repair.
<br /> 12. Lessee agrees to release and indemnify Railroad from and against all liability, cost and expense
<br /> for loss of or damage to property and for injury to or deaths of persons (including, but not limited
<br /> to, the property and employees of each party hereto) when arising or resulting from:
<br /> (a) the use of the premises by Lessee, its agents, employees, or invitees, or
<br /> (b) breach of provisions of this lease by Lessee,
<br /> whether or not caused or contributed to by any act or omission, negligent or otherwise, of Railroad,
<br /> its employees, agents, contractors, subcontractors, or their employees or agents, or any other person.
<br /> The term "Railroad" as used in this Section 12 shall include the successors, assigns, and affiliated
<br /> companies of Railroad and any other railroad company operating upon Railroad's tracks.
<br /> Lessee shall provide Railroad satisfactory evidence of insurance covering Lessee's contractual
<br /> liability under this lease in an amount of not less than $2,000,000 combined single limit for Bodily
<br /> Injury and Property Damage. This is the minimum amount required by Railroad and may be revised
<br /> from time to time.
<br /> Except where prohibited by law, Lessee's Workmen's Compensation insurance covering Lessee's
<br /> operations on the leased premises shall include a waiver of subrogation against Railroad.
<br /> 13. In case of suit to compel performance of, or to recover for breach of, any covenant, agreement
<br /> or condition herein written, the losing party will pay reasonable attorneys' fees in addition to the
<br /> amount of judgment and costs.
<br /> 14. In case Lessee shall (except by Railroad) be lawfully deprived of the possession of the leased
<br /> premises or any part thereof, Lessee shall notify Railroad in writing, setting forth in full the
<br /> circumstances in relation thereto, whereupon Railroad may, at its option, either install Lessee in
<br /> possession of the leased premises, or terminate this lease and refund to Lessee the pro rata amount
<br /> of any prepaid rental for the unexpired term of the lease after the receipt of such notice, whereupon
<br /> no claims for damages of whatsoever kind or character incurred by Lessee by reason of such dispossession
<br /> shall be chargeable against Railroad.
<br /> 15. There is reserved to Railroad the title and exclusive right to all of the minerals and mineral
<br /> ores of every kind and character now known to exist or hereafter discovered upon, within, or underlying
<br /> the premises, or that may be produced therefrom, including, without limiting the generality of the
<br /> foregoing, all petroleum, oil, natural gas, and other hydrocarbon substances and products derived
<br /> therefrom, together with the exclusive and perpetual right thereto, without, however, the right to use
<br /> or penetrate the surface of, or to enter upon, the premises within five hundred (500) feet of the
<br /> surface thereof to extricate or remove the same.
<br /> 16. Any notice to be given by Railroad to Lessee hereunder shall be deemed to be properly
<br /> delivered to Lessee if deposited in the post office, postage prepaid, addressed to Lessee at the leased
<br /> premises or to last -known address.
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