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Wednesday, April 18th., 1934.
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<br />and to indemnify and save harmless the Railroad Company, its tenants and licensees,
<br />the Uity and the State, and the offi-cers, agents and employes thereof, from all loses
<br />zost, expense, suits, claims or dememdasof any character that may arise from or grow
<br />out of the performance of such contract on account of inkuries to person, or damage
<br />to property, or for any infringement of patentsm, trademarks or copy rights and all
<br />cIA'Ims arising or amounts recovered under the "orkman's Compensation lar or under
<br />any other laws;. by-laws, orders, ordinances or decrees. And it is further agreed
<br />that such contractor` or contrators, sub contractor or sub -contractors, shall furnish
<br />certificates of issuance of public liability and "orkman's Compensation insurance for
<br />the protection of the Railroad Company, its tenants end licensees, the pity and: State
<br />an� the officers, agents and employes thereof. Said bond, certificates of issuance
<br />of public liability and workman s GG'ompensation insurance shall in form, companies
<br />and amounts satisfpctory to the State, the Railroad Company and the City. Said bond
<br />shall be in the principal sum of not less that one and one-half (1 *) times the
<br />amount of said contract price.
<br />XiV. Each of the parties hereto agree to cooperate with the otherd in
<br />eyery reasonable way for the prompt and safe execution of the work and, to proceed
<br />with the portion of the work to be done by them as soon as practicable after necessary
<br />Federal approvals are secured and to complete all work in accordance with the terms
<br />of this agreement as soon as practicable.
<br />XV, The City agrees to pay any and all damages that may accrue to property
<br />owners and occassioned by said improvement and to hold the State of Indiana and the
<br />State HigIvay Commission of Indiene , free and harmless therefrom.
<br />XVl. After the construction of such grade separation as herein provided
<br />for shall have been completed, the Railroad Company shall at its own cost and expense
<br />maintain its roadway and track, the structures supporting the same and the drainage
<br />thereof, and the City shall without cost to the other parties hereto maintain or
<br />arrange for the maintenance of the streetq, including the roadways and footwalks,' the
<br />structures supporting the same and the drainage thereof, and of sanitary sewers affect-
<br />ed by the construction.
<br />XV11. The City agrees and pledges its good faith to institute. and dili-
<br />gently prosecute all necessary and proper proceedings for the opening end adequate
<br />improvement of Western Avenue from &_ichignn Street to Lincoln Way East.
<br />This agreement shall be binding upon the legal representatives and assigns
<br />of the respective parties hereto.
<br />THE V7 €N YORK CENTRAL RAILROAD CO.
<br />By T. W. Evans, Vicepresident.
<br />Party of Second Part
<br />Attest:
<br />F. F. Stephenson, Seey
<br />CITY OF SOUTH BEND, IN'rTAYA.
<br />By Dick Johnson
<br />Antoni Zmudzinski
<br />Ralph R. Kus s
<br />Board of Public Works
<br />Party of Third Part
<br />ACKNO � IEPGEIENT
<br />STATE CF INDIANA)
<br />�i )SS
<br />COUNTY OF ST. JCSEPR)
<br />THE STATE OF INLIANA
<br />By James D. Adams
<br />Chairman State TFighway Commission
<br />Party of First Part,
<br />APPROVED AS LEGALITY & FORM
<br />Philip Lutz Jr.
<br />Attorney General, State of Indiana
<br />Person lly appe P ree before me, a notary public , in and for said County,
<br />James I"). Adams, Chairman of the State Highway Commission of Indiana, and acknowledged
<br />the execution of the Above contract this 33M.9 day of May, 1934.
<br />Witness my hens
<br />and seal on tre
<br />above named last date.
<br />Pry
<br />commission expires Ddc.
<br />12, 1937.
<br />Josephine Henry, Votery Public
<br />AGKNT07'LEDGEC E-NT
<br />STAR OF ILL•INOIS)
<br />)SS
<br />COUNTY OF COOK )
<br />On this 19th.9 day of April, 1934, appeared before me, a notary public,
<br />in and for said County, T. W. Evans, being by me duly sworn, did say that he is the
<br />Vice-rresident of the New York Central Railroad Company, a corporation of the States
<br />of New York, Pennsylvania ©h3to Pr3tchigen I13 nois alld. WI ao ,d t the meal
<br />off xed the -foregoing, .conk ra c s tie orpora sea'1 Q t o s niad c po $ o a
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