SOUTHERN PACIFIC - FT 079224 - Laserfiche WebLink

I 6. Licensee shall pay for all materials joined or affixed to said property, and for all labor per- formed upon said property, at Licensee's instance or request, and Licensee shall not permit or suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against the property of Railroad for any such work done or materials joined or affixed thereto. Insofar as it lawfully may, 7. / Licensee does hereby release and agree to indemnify and save Railroad harmless from and against all liability, claims, costs and expenses for loss of or damage to the property of either party hereto or of third persons, and for injuries to or deaths of Licensee or the agents, employees or invitees of Licensee or third persons or the employees of Railroad caused by or arising out of the presence, construction, reconstruction, maintenance, use or removal of said roadway, regardless of any negligence or alleged negligence on the part of any employee of Railroad. The word "Railroad" as used in this section shall include the successors, assigns and affiliated companies of Railroad, and any other railroad company that may be lawfully operating upon and over the tracks crossing said roadway, and the officers and employees thereof. 8. This agreement is effective as of the date first herein written and may be terminated by either party hereto by giving thirty (30) days' notice to that effect to the other party. If Licensee makes default in respect to any covenant or condition on Licensee's part hereunder, Railroad may forthwith terminate this agreement by notice to Licensee. Termination of this agreement by either party shall not relieve or release Licensee from any liability incurred prior to such termination. 9. Upon termination of this agreement, the permission herein granted shall cease and determine, and Licensee, at Licensee's expense, shall remove said roadway and leave Railroad's property and track area in a neat, safe and clean condition, failing in which, Railroad may perform such work at the expense of Licensee. 10. This agreement shall not be assigned by Licensee in whole or in part. 11. Provisions hereof notwithstanding, Railroad reserves the right to perform, at Licensee's expense, all or any portion of work required in connection with the construction, maintenance, use and removal of said roadway. If Railroad is to perform any work, Licensee shall deposit with Railroad the estimated cost thereof and, after completion of such work, the difference between the actual cost to R.ailroad and such deposit shall be promptly paid by Licensee or refunded by Railroad, as the case may be. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate +; 4 the day and year first herein written. %VITNESSED BY: SOJTHdqE'S,Iu�l PACIFIC 0014 tTT"I .L, I w w By " l/(/ e (Title) / CITY OF P , ' SAN'.tON 'sistant Manager Contract Dept (See Note) (Lic e) 4 Title}Kenneth R. Mercer, Mayor ATTEST:, itle}James R. Walker, City Clerk A VED AS TO FORM: NOTE: If Licensee is an incorporated Company, agreem o li lex d�-an a brie Ufa Rif and his title indicated, otherwise signature should be witnessed by an employee of Rai road if practicable, if not, by a disinterested party.