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Permit No, CENR 110216A
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<br /> Any entry onto LICENSOR'S property by LICENSEE its employees, agents, representatives or contractors that require
<br /> inspection or work near or adjacent to any tracks shall require not less than 72 hours prior notice to the Railroad General
<br /> Manager (or other designee if requested by Railroad); except in case of emergency repairs, notice shall be made to
<br /> Railroad by calling the Railroad's dispatch center at 800-800-3490 or Railroad General Manager—Don Seil at 530-753-
<br /> 7826, in order to ensure LICENSOR is aware of LICENSEE'S activities on the Railroad's property. Any "flagging"
<br /> services determined at Railroad's sole discretion to be necessary by Railroad shall be at LICENSEE'S sole expense.
<br /> 7. The Structure shall be installed at the sole risk, cost and expense of CONTRACTOR, in accordance with American
<br /> Railway Engineering Association Specifications or other Industry Standard Specifications as may apply or be appropriate
<br /> for the use intended. Said specifications are incorporated herein and made a part hereof by reference.Approval of plans or
<br /> completed work by RAILROAD'S designated representative shall not, in itself,be considered acknowledgment that said
<br /> project is in conformity with said standards.
<br /> 8. CONTRACTOR AGREES TO DEFEND,INDEMNIFY AND HOLD HARMLESS RAILROAD,RAILAMERICA,INC.,
<br /> ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
<br /> LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING
<br /> REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO) FOR
<br /> INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY,ARISING OUT OF
<br /> OR IN CONNECTION WITH ANY WORK DONE, ACTION TAKEN OR PERMITTED BY CONTRACTOR, ITS
<br /> SUBCONTRACTORS,AGENTS OR EMPLOYEES UNDER THIS CONTRACT.
<br /> IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND RAILROAD, THAT
<br /> .THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN
<br /> NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A
<br /> CONCURRING CAUSE OF THE INJURY,DEATH OR DAMAGE;PROVIDED THAT SAID INDEMNITY SHALL
<br /> NOT PROTECT RAILROAD FROM LIABILITY FOR DEATH,INJURY OR DAMAGE ARISING SOLELY OUT OF
<br /> THE CRIMINAL ACTIONS OF RAILROAD, ITS' OFFICERS, AGENTS AND EMPLOYEES. IT IS STIPULATED
<br /> BY THE PARTIES THAT RAILROAD OWES NO DUTY TO CONTRACTOR, ITS CLIENT, OR THEIR
<br /> DIRECTORS, OFFICERS, EMPLOYEES AGENTS OR INVITEES, TO PROVIDE A REASONABLY SAFE WORK
<br /> PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK.
<br /> 9. Should RAILROAD bring suit to compel performance of or to recover for breach of any covenant or condition contained
<br /> ,herein, CONTRACTOR shall pay to RAILROAD reasonable attorneys' fees in addition to the amount of judgment and
<br /> costs.
<br /> 10. Prior to the performance of any work upon or adjacent to RAILROAD'S property under this Agreement:
<br /> (a) CONTRACTOR shall furnish RAILROAD, at CONTRACTOR expense, a certified copy of a public liability
<br /> and property damage liability insurance policy issued in the name of CONTRACTOR covering the contractual
<br /> liability assumed by CONTRACTOR under Section 8 hereof.The form,substance and Ilnilts of said Insurance
<br /> policy shall be subject to the approval of RAILROAD and shall be I►compliance with the provisions contained
<br /> in the insert marked Exhibit"A",hereto attached and made a part hereof.
<br /> (b) CONTRACTOR shall furnish RAILROAD, at CONTRACTOR expense, a certificate of Workers
<br /> Compensation coverage,Including Federal Employee Liability Act coverage If applicable,for its workers and
<br /> subcontractors in accordance with tl►e requirements of the State or States ht which said work Is to be
<br /> performed.
<br /> (c) CONTRACTOR shall furnish a policy of Railroad Protective coverage in the amount of Two million and no/100
<br /> dollars (52,000,000.00) per occurrence, Six million and 110/100 dollars ($6,000,000.00) aggregate with named
<br /> insured as outlined in CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit 'A". WARNING:
<br /> ONLY A POLICY OF RAILROAD PROTECTIVE INSURANCE WHICH SPECIFICALLY NAMES
<br /> California Northern Railroad and Railamerica Inc AS THE INSURED PARTY IS ACCEPTABLE AND A
<br /> COPT OF SAID POLICY MUST BE RECEIVED PRIOR TO THIS PERMIT BEING APPROVED ON
<br /> BEHALF OF RAILROAD.
<br /> CONTRACTOR shall keep said insurance in fiull force and effect until all work to be performed upon or adjacent to
<br /> RAILROAD property under said contract is completed to tl►e satisfaction of and accepted by Third Party and thereafter
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