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+- n 03%07/2007 16:04 209468( r3 EHD PAGE 05 <br /> ; ink t <br /> Ic <br /> t3 <br /> Permission herein given shall be effective as of the <br /> date this Agreement is signed b650 and Railroad, and shall he <br /> effective for a period of .one ( `) year or until such time the <br /> work required by the regulatory,agency providing oversight has <br /> been completed, unless terminated earlier by mutual agreement. <br /> 650 agrees to notify Ra,ilroad'aRepresentative's by letter on ! <br /> facsimile number (916) 789-5376 -and (415) 541--1325 at least five <br /> days prior to commencing any wozk on the premises of Railroad <br /> pursuant to this permission, Aiff notices to 650 under this <br /> Agreement shall be seat by facs1mile to the following: <br /> Jerrold K. Brown <br /> The CTT Group Bu iness Credit, Inc, <br /> 900 Ashwood Park .,ay <br /> Suite 6 <br /> Atlanta, Georgia �i30338 <br /> (f). (404' 551-7)88 !- <br /> and <br /> Jane M. Nowotny <br /> Jones, Day, Reavis -& Pogue <br /> 555 West Fifth 5 greet <br /> Suite 4500 <br /> Los Angeles, Cal'fornia 90013 <br /> (f) (213) 243--251 <br /> As between the Parties the following shall apply in <br /> connection with the'work rendered under this Agreement: <br /> A. A Party which is:solely negligent orotherwise <br /> solely at fault shall, be liable ' for and shall indemnify, hold <br /> harmless, and defend the other ,arty from and against any and all <br /> liability, claims, demands, or ' auses of action for any actual v-- <br /> alleged loss or damage to prope` <br /> mty or injury or death of any <br /> persons. <br /> i. <br /> B. in the event of oss or damage to property or <br /> injury to or death of persons a acing out of the concurrent or <br /> joint negligence of. 654' and Rai 'road, .wizathe7- or not in <br /> conjunction with other negligent or otherwise liable parties, <br /> each Party shall be liable for is proportionate share of damage <br /> or loss of property, or injury ' r death of any person, equal to <br /> the proportionate liability of the Party. <br /> C. In the event of 36ss or damage to 'property, or <br /> injury to or death of persons ttiat arise out of the liability of <br /> third parties, unknown causes, c'r Acts of God, each Party shall <br /> be liable for its proportionatejehare of damage or loss of <br /> property, or injury or death of.;any person, equal to the <br /> .proportionate liability of the Darty. <br /> D. Neither Party sh' 11 be obligated to indemnify, <br /> hold harmless, or defend the otter Party for any award or <br /> LAMAIN41 Dor 153407 2 <br /> 5 <br /> I. <br />