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Pom Approved,AVP-Law <br /> Section 10- RESTORATION OF PROPERTY. <br /> In the event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any <br /> manner move or disturb any of the other property of the Railroad in connection with the work to be <br /> performed by Licensee, then in that event the Licensee shall, as soon as possible and at Licensee's sole <br /> expense, restore such fence and other property to the same condition as the same were in before such <br /> fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify <br /> and hold harmless the Railroad, its officers, agents and employees, against and from any and all liability, <br /> loss, damages, claims, demands, costs and expenses of whatsoever nature, arising from the taking down <br /> of any fence or the moving or disturbance of any other property of the Railroad. <br /> Section 11 - WAIVER OF BREACH. <br /> The waiver by the Railroad of the breach of any condition, covenant or agreement herein <br /> contained to be kept, observed and performed by the Licensee shall in no way impair the right of the <br /> Railroad to avail itself of any remedy for any subsequent breach thereof. <br /> Section 12- ASSIGNMENT—SUBCONTRACTING. <br /> The Licensee shall not assign, sublet or subcontract this Agreement, or any interest therein, <br /> without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the <br /> written consent of the Railroad shall be void. If the Railroad gives the Licensee permission to subcontract <br /> all or any portion of the work herein described, the Licensee is and shall remain responsible for all work <br /> of subcontractors and all work of subcontractors shall be governed by the terms of this Agreement. <br /> Exhibit B <br />