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<br />6. If Railway shall make any changes, alterations in or additions to the line, grade, tracks,
<br />structures, roadbed, installations or works of Railway at or near the Facilities, Licensee shall, at its own cost
<br />and expense, upon thirty (30) days' notice in writing from Railway, make such changes in the location and
<br />character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or
<br />appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway.
<br />7. Licensee will notify Railway prior to the installation and placing in service of cathodic
<br />protection in order that tests may be conducted on Railway's signal, communications and other electronic
<br />systems for possible interference. If the Facilities cause degradation of the signal, communications or other
<br />electronic facilities of Railway, Licensee, at its expense, will relocate the cathodic protection and/or modify
<br />the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may
<br />include, without limiting the generality of the foregoing, providing additional shielding, reactances or other
<br />corrective measures deemed necessary by Railway. This provision applies to the existing signal,
<br />communications and electronic equipment of Railway and to any signal, communications or electronic
<br />equipment which Railway may install in the future.
<br />8. If Licensee fails to take any corrective measures requested by Railway in a timely manner or
<br />if an emergency situation is presented which, in the Railway's judgment, requires immediate repairs to the
<br />facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems
<br />necessary or desirable.
<br />9. Notwithstanding any other provision of this Agreement, it is understood, agreed and
<br />covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to its
<br />property by reason of its occupation ofthe premises herein described caused by any defects therein or business
<br />conducted thereon, whether caused by the negligence of Railway, its officers, agents or employees, or
<br />otherwise, and Licensee hereby indemnifies Railway, its officers, agents, and employees, from and against any
<br />such liability for said damage.
<br />10. Railway shall furnish, at the cost of Licensee, labor and materials to support its tracks and
<br />to protect its traffic during the installation, maintenance, repair, renewal or removal of the Facilities.
<br />11. It is further agreed between the parties that the premises shall be used by Licensee only for
<br />the Facilities and for no other purpose without the written permission of the chief engineering officer of
<br />Railway.
<br />12. Licensee shall give Railway seventy-two (72) hours' advance notice (or less in case of
<br />emergencies) of any work to be performed on the premises of Railway. Licensee agrees to pay any costs
<br />incurred by Railway for the purpose of protection and inspection considered necessary by Railway during
<br />installation, maintenance, operation, modification, replacement and/or removal of the Facilities.
<br />13. Licensee .shall not assign this Agreement without the written consent of Railway.
<br />l4. The word "Railway" as used herein shall include any other company whose property at the
<br />aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers,
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