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<br />B. The Licensee shall also require its contractors/subcontractors to perform their
<br />construction work in such a manner so as not to endanger or delay the movement of railroad
<br />trains, engines or cars, and so as not to injure or endanger Railroad's officers, agents, employees
<br />or damage Railroad's property. The Licensee shall also require its contractors/subcontractors to
<br />give precedence to the movement of railroad trains, engines and cars over the movement of
<br />vehicles or equipment or construction activities of the Licensee's contractors/ subcontractors.
<br />
<br />Section 8.
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<br />COMPLIANCE WITH LEGAL REOUlREMENTS.
<br />
<br />The Licensee, in performing the work and in allowing the public to use the Crossing,
<br />shall observe and comply with all applicable federal, state and municipal and other laws,
<br />ordinances, rules and regulations, including, without limitation, all California Department of
<br />Transportation orders and recommendations pertaining to the Crossing and any modifications
<br />thereof (if any), and shall apply for and obtain any and all public authority, permission and
<br />licenses necessary therefor. The Licensee shall indemnify and hold harmless Railroad, from and
<br />against any loss, cost, damage and expense, liabilities, penalties, claims and forfeitures resulting
<br />from any failure of Licensee to comply with the provisions of this Section, or to comply with the
<br />requirements of any public authority, license or permission obtained as aforesaid.
<br />
<br />Section 9.
<br />
<br />ASSUMPTION OF RISK: INDEMNIFICATION.
<br />
<br />The Licensee's use and occupancy of Railroad's right-of-way is at Licensee's own risk,
<br />and Licensee agrees to and does assume all risks thereof and incidental thereto, including,
<br />without limitation, risks incident to train operations within the Property and adjacent right of
<br />way. Licensee shall indemnify, defend and hold harmless Railroad, its officers, agents and
<br />employees, from and against any and all loss, damages, claims, demands, actions, causes of
<br />action, costs and expenses of whatsoever nature, which may result from injury to or death of
<br />persons whomsoever, or from loss of or damage to property whatsoever, including damage to the
<br />roadbed, track, equipment, or other property of Railroad or property in its care or custody, when
<br />such injury, death, loss or damage is due to or arises in connection with or as a result of (i) the
<br />breach of any covenant or obligation assumed by or imposed on Licensee pursuant to this
<br />Agreement, or (ii) the failure of Licensee to promptly and fully do any act or work for which
<br />Licensee is responsible pursuant to this Agreement.
<br />
<br />Section 10. INSURANCE.
<br />
<br />A. In addition to the insurance coverage that Licensee's contractors and subcontractors are
<br />to obtain under Exhibit 2 of the Contractor's Permit, the Licensee shall obtain and maintain
<br />during the term of this Agreement general liability insurance (as further specified herein) written
<br />on an "occurrence" basis, with minimum limits of Ten Million Dollars ($10,000,000) per
<br />occurrence.
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