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<br />described in subsection (a)(ii) and a certificate of insurance evidencing the existence of a policy with the
<br />coverage described in subsection (a)(i).
<br />
<br />7. Railway Support. RAILWAY shall, at RAILWAY's option, following communication with and
<br />agreement of LICENSEE, furnish, at the sole expense of LICENSEE, labor and materials necessary, in RAILWAY's
<br />sole judgment, to support its tracks and to protect its traffic (including, without limitation, flagging) during the
<br />installation, maintenance, repair, renewal or removal of the Facilities.
<br />
<br />8. Special Provisions for Protection of Railway Interests. In connection with the operation and
<br />maintenance of the Facilities, it is agreed that the safety of people and the safety and continuity of RAILWAY’s rail
<br />operations shall be of first importance. LICENSEE shall require its employees, agents, contractors, and invitees to
<br />utilize and comply with RAILWAY’s directives in this regard and shall require its contractor(s), if any, to comply
<br />with all NSR Special Provisions, attached hereto, and herein incorporated by reference, including any future
<br />amendments, as Exhibit C. As used in the NSR Special Provisions, LICENSEE is the “contractor” should LICENSEE
<br />enter onto the Premises to perform any work contemplated by this Agreement. To ensure such compliance,
<br />LICENSEE shall assign a project manager to function as a single point-of-contact for LICENSEE. Said project
<br />manager is referred to as the “Sponsor’s Engineer” in Exhibit C.
<br />
<br />9. Safety of Railway Operations. If RAILWAY becomes aware of any safety violations committed by
<br />LICENSEE, its employees, agents and/or contractors, RAILWAY shall so notify LICENSEE, and LICENSEE shall
<br />promptly correct such violation. In the event of an emergency threatening immediate danger to persons or property,
<br />RAILWAY may take corrective actions and shall notify LICENSEE promptly thereafter. LICENSEE shall reimburse
<br />RAILWAY for actual costs incurred in taking such emergency measures. RAILWAY assumes no additional
<br />responsibility for safety on the Premises for LICENSEE, its agents/or contractors by taking these corrective actions,
<br />and LICENSEE, its agents/contractors shall retain full responsibility for such safety violations.
<br />
<br />10. Corrective Measures. If LICENSEE fails to take any corrective measures requested by RAILWAY
<br />in a timely manner, or if an emergency situation is presented which, in RAILWAY's judgment, requires immediate
<br />repairs to the Facilities, RAILWAY, at LICENSEE's expense, may undertake such corrective measures or repairs as
<br />it deems necessary.
<br />
<br />11. Railway Changes. If RAILWAY shall make any changes, alterations or additions to the line, grade,
<br />tracks, structures, roadbed, installations, right-of-way or works of RAILWAY, or to the character, height or alignment
<br />of the Electronic Systems, at or near the Facilities, LICENSEE shall, upon thirty (30) days prior written notice from
<br />RAILWAY and at its sole expense, make such changes in the location and character of the Facilities as, in the opinion
<br />of the chief engineering officer of RAILWAY, shall be necessary or appropriate to accommodate any construction,
<br />improvements, alterations, changes or additions of RAILWAY.
<br />
<br />12. Assumption of Risk. Unless caused solely by the negligence of RAILWAY or caused solely by the
<br />willful misconduct of RAILWAY, LICENSEE hereby assumes all risk of damage to the Facilities and LICENSEE's
<br />other property relating to its use and occupation of the Premises or business carried on the Premises and any defects
<br />to the Premises; and LICENSEE hereby declares and states that RAILWAY, its officers, directors, agents and
<br />employees shall not be responsible for any liability for such damage.
<br />
<br />13. Liens; Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon the
<br />Premises, and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY,
<br />express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises,
<br />nor as giving LICENSEE any right, power or authority to contract for or permit the rendering of any services or the
<br />furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In addition,
<br />LICENSEE shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other
<br />property placed by LICENSEE within the Premises. In the event that any such lien shall attach to the Premises or
<br />LICENSEE shall fail to pay such taxes, then, in addition to any other right or remedy available to RAILWAY,
<br />RAILWAY may, but shall not be obligated to, discharge the same. Any amount paid by RAILWAY for any of the
<br />aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by LICENSEE
<br />to RAILWAY within thirty (30) days after RAILWAY's written demand therefor.
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