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20 <br />xN-so <br />Licensee's sole cost and expense, make such changes in the location and character of the Facilities as, in <br />the opinion of Company, shall be necessary or appropriate on account of any such changes or additions. <br />7. Licensee will notify Company prior to the installation and placing in service of <br />cathodic protection in order that tests maybe conducted on Company's signal, communications and other <br />electronic systems for possible interference. If the Facilities cause degradation of the signal, - <br />communications or other electronic facilities of Company, Licensee, at its expense, will-relocate the <br />cathodic protection and/or modify the Facilities to the satisfaction of Company so as #o eliminate such <br />degradation. Such modifications may include, without limiting the generality of the foregoing, providing <br />additional shielding, reactances or other corrective measures deemed necessary by Company. This <br />provision applies to the existing signal, communications and electronic equipment of Company and to any <br />signal, communications or electronic equipment that Company may install in the future. <br />8. If Licensee fails to take any corrective measures requested by Company in a . <br />timely manner or if an emergency situation is presented which, in the Company's judgment, requires <br />immediate repairs to the facilities, Company, at Licensee's expense, may undertake such corrective <br />measures or repairs as it deems necessary or desirable and Licensee shall reimburse Company upon <br />receipt of an invoice. <br />9. Notwithstanding any other provision ofthis Agreement, it is understood, agreed <br />and covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to <br />its properly by reason of its occupation of the premises herein described caused by any defects therein or <br />business conducted thereon, whether caused by the negligence of Company, its officers, agents or <br />employees, or otherwise, and Licensee hereby indemnifies Company, its officers, agents, and employees, <br />from and against any such liability for said damage. The indemnity contained herein is intended #o <br />survive the tertninarion of this Agreement <br />10. Company shall furnish, at the cost of Licensee, labor and materials to support its <br />tracks and to protect its traffic during the installation, maintenance, repair, renewal or removal of the <br />Facilities. <br />11. It is further agreed between the parties that the premises shaIl be used by <br />Licensee only for the Facilities and for no other purpose without the written permission of the chief <br />engineering officer of Company. <br />12. Licensee shall give Company seventy-fiwo (72) hours' advance notice (or less in <br />case of emergencies) of any work to be performed on the premises of Company. Licensee agrees to pay <br />any costs incurred by Company for the purpose of protection and inspection considered necessary by <br />Company during installation, maintenance, operation, modification, replacement and/or removal of the <br />Facilities. Such costs shall be paid upon the Company's submission of an invoice to Licensee. <br />- i3. Licensee shall not assign this Agreement without the written consent of <br />Company which consent may be withheld in Company's sole discretion. <br />14. ~ The word "Company" as used herein shall include any other company whose <br />property at the aforesaid location may be leased or operated by Company. Said term also shall include <br />Company's officers, agents and employees, and any parent company, subsidiary or af6tliate of Company <br />and their officers, agents and employees. <br />- 15. This Agreement maybe temunated by either party upon sixty (60) days written <br />notice to the other party. During said sixty (60} day period, Licensee shall remove the Facilities from <br />Comp'any's premises and restore said premises to a condition satisfactory to Company's chief engineering <br />officer. If Licensee fails to remove the Facilities within the aforesaid sixty day period, Company may <br />elect: (a) to become the owner of the Facilities without any claim or consideration whatsoever therefor by <br />or to Licensee, its successors or assigns, or (b) to remove the Facilities and all property of Licensee from <br />- 3 050903B <br />