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further notice from the City. <br />(5) As soon as the emergency situation has ended and the need for access <br />by emergency vehicles has ceased, the Spotter may leave. A City employee shall remain at <br />the M.P. 41.7 Emergency Crossing at all times, and after the emergency situation has ended, <br />shall lock and secure the gates and so inform UP representatives; <br />(6) All City Police and Fire Department personnel, except office or non- <br />suppression personnel, shall be made aware of and trained in the use of this procedure; and <br />(7) This procedure shall be included in a training manual provided to all <br />City Police and Fire Department personnel, except any office or non-suppression personnel. <br />The City shall not amend or modify these procedures without the prior written <br />approval of UP, which approval will not be unreasonably withheld, conditioned or delayed. <br />D. Indemnification. <br />(1) As a material consideration running to UP for this agreement, City <br />assumes the risk of and agrees to indemnify and hold harmless UP and all other railroad <br />companies which may be using the right of way and tracks at St. John Street, their officers, <br />agents and employees, against and from any and all loss, damages, claims, demands, actions, <br />causes of action, costs, attorneys' fees, fines, penalties, and expenses of whatsoever nature <br />(hereinafter "Loss") which may result from (1) injury to or death of persons whomsoever <br />(including officers, employees and agents of UP and of City, as well as other persons); (ii) <br />loss of or damage to property whatsoever (including damage to property of or in the custody <br />of City and damage to the roadbed, tracks, equipment or other property of or in the custody <br />of UP and such other railroad companies, as well as other property); or (iii) City's failure to <br />comply with any federal, state or local law, regulation, or enactment; when such Loss is due <br />to: <br />4 <br />