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indemnifies Railway, its officers, directors, agents and employees from and against any liability
<br />for such damage.
<br />•
<br />8. Entry Upon Premises. Prior to commencement of any work to be performed on or
<br />about the Premises, Licensee shall notify the appropriate Division Engineer for the scheduling of
<br />protection and inspection. Within seventy-two (72) hours after the Division Engineer's actual
<br />receipt of such notification, the Division Engineer shall review the necessity and availability of
<br />flagmen for the proposed work and advise Licensee of such matters and the estimated cost
<br />therefor. No work shall be permitted on or about the Premises without the presence of Railway's
<br />flagman or the Division Engineer's waiver of the requirement for flag protection. Entry on or
<br />about the Premises or any other Railway right-of--way without the Division Engineer's prior
<br />approval shall be deemed trespassing. Licensee agrees to pay Railway, within thirty (30) days
<br />after delivery of an invoice therefor, for any protection and inspection costs incurred by Railway,
<br />in Railway's sole judgment, during any such entry.
<br />9. Liens: Taxes. Licensee will not permit any mechanic's liens or other liens to be
<br />placed upon the Premises, and nothing in this Agreement shall be construed as constituting the
<br />consent or request of Railway, express or implied, to any person for the performance of any labor
<br />or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or
<br />authority to contract for or permit the rendering of any services or the furnishing of any materials
<br />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
<br />equipment or other property placed by Licensee within the Premises. In the event that any such
<br />lien shall attach to the. Premises or Licensee shall fail to pay such taxes, then, in addition to any
<br />other right or remedy available to Railway, Railway may, but shall not be obligated to, discharge
<br />the same. Any amount paid by Railway for any of the aforesaid purposes, together with related
<br />court costs, attorneys' fees, fines and penalties, shall be paid by Licensee to Railway within ten
<br />(10) days after Railway's demand therefor.
<br />10. Indemnification. To the extent permitted by law, Licensee hereby agrees to
<br />indemnify and save harmless Railway, its officers, directors, agents and employees, from and
<br />against any and all liabilities, claims, losses, damages, expenses (including attorneys' fees) or
<br />costs for personal injuries (including death) and property damage to whomsoever or whatsoever
<br />occurring (hereinafter collectively called "Losses") that arise in any manner from (a) the
<br />installation, construction, maintenance, operation, presence or removal of, or the failure to
<br />properly install, construct, maintain, operate or remove, the Facilities, or (b) any act, omission
<br />or neglect of Licensee, its agents, servants, employees or contractors in connection therewith,
<br />unless caused solely by the negligence of Railway or caused solely by the willful misconduct of
<br />Railway.
<br />11. Insurance.
<br />(a) Without limiting in any manner the liabilities and obligations assumed by
<br />Licensee under any other provision of this Agreement, and as additional protection to Railway,
<br />Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and
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