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s <br />indemnifies Railway, its officers, directors, agents and employees from and against any liability <br />for such damage. <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 far 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 />I0. 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 af, 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 />ll. Insurance. <br />(a) Without limiting in any manner the liabilities and obligations assumed by <br />Licensee under any other provision of this Agreernerit, and as additional protection to Railway, <br />Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and <br />3 <br />a <br />