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1985 • •
<br /> S . Grantee shall, at its expense, comply with all applicable
<br /> laws, regulations, rules and orders regardless of when they become or
<br /> became effective, % including, without limitation, those relating to
<br /> health, safety, noise, environmental protection, waste disposal, and
<br /> water and air quality, and furnish satisfactory evidence of such
<br /> compliance upon Irequest of Railroad.
<br /> Should any discharge, leakage, spillage, emission or .pollution of
<br /> any type occur upon or arise from the premises covered, hereunder as a
<br /> result of Grantee' s use, presence, operations or exercise of the
<br /> rights granted hereunder, Grantee shall, at its expense, be o6licated
<br /> to clean all property affected thereby, whether owned or cont clied by
<br /> Railroad, or any third person, to the satisfaction of Railroa
<br /> ( insofar as the property owned or controlled by Railroad is ncerned)
<br /> and any governmental body having jurisdiction in the matter.
<br /> itV In no case will'Gtan`teeh liability be greater than that established by Federal
<br /> Law. Grantee agrees to investigate, release, indemnify and defend
<br /> Railroad from and against all liability, cost and expense (including,
<br /> without limitation, any fines, penalties, judgments, litigation costs
<br /> and attorney fees) incurred by Railroad as a result of Grantee's
<br /> breach of this section, or as a result of any such discharge, leak-
<br /> age, spillage, emission or pollution, regardless of whether such
<br /> liability, cost or expense arises during the time this indenture is
<br /> In effect or thereafter, unless such liability, coat or expense is
<br /> proximately caused solely and exclusively by the active negligence of
<br /> Railroad, its officers, agents or employe4s.'
<br /> 9. As part consideration, Grantee agrees to pay Railroad an
<br /> amount equal to any and all assessments which may be levied by order
<br /> of any authorized lawful body against the property of Railroad (and
<br /> which may have been paid by Railroad) to defray any part of the cost .
<br /> or expense incurred in connection with the construction of said
<br /> structure upon said property commenced within one (1) year from the
<br /> date first herein written.
<br /> 10 . Grantee, its agents and employees oubject to provisions
<br /> hereof, shall have the privilege of entry on said property for. the
<br /> purpose of constructing, reconstructing, maintaining and saki g
<br /> necessary repairs to said structure. Grantee agrees to give i1road
<br /> f ive (5 ) days' written notice prior to commencement of any wo k on
<br /> said structure, except emergency repairs, in which event Grantee
<br /> shall notify Railroad' s authorized representative by phone_ Grantee
<br /> agrees to keep said property and said structure in good and safe
<br /> condition, free from waste, so far as affected by Grantee's oper-
<br /> ations, to the satisfaction of Railroad. If Grantee fails to
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