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commmitted by the COMPANY, its subcontractors, employees, agents or represen- <br />tatives; excepting however, @,ny•loss•, damage or injury -arising out of or <br />caused by the negligent actions, delays' or omissions done or committed by the <br />DEPARTMENT,its subcontractors, employees, agents or representatives, which <br />loss, damage or injury, shall be borne by the DEPARTMENT except as otherwise <br />covered by bonds or insurance. <br />14. It is agreed between the parties hereto thaf.,the cost of installing <br />automatic protective devices at said crossing be borne jointly between the <br />COUNTY and the DEPARTMENT with the COUNTY responsible for ten per cent (10%) <br />of the actual cost. The COUNTY upon execution of this agreement shall furnish <br />to the DEPARTMENT as advance payment a negotiable voucher made payable to the <br />DEPARTMEPI7 for ten per cent (10%) of the estimated cost contained in para- <br />graph 4 above. Should zhe final cost be less than estimated cost, refund to <br />the COU14TY shall be made. Should the final cost be greater than the amount <br />previously paid by the COUNTY, the COU14TY shall, upon receipt of billing, pay <br />to the DEPARTMENT the balance due pursuant to paragraph 9 hereof. <br />ior to execut`.,;n by parties hereto. <br />Paragraph 14 added pr <br />IN WITNESS WHEREOF, the parties hPHeto have caused these present to <br />"� 6e executed by their duly authorized officers, and their official sr±als <br />hereto affixed, the day and year first above written. <br />STATE OF FLORIDA <br />WITNESSES: DEPARTMENT OF TRANSPORTATION <br />Director of*Administration <br />ATTEST: (SEAL) <br />As to t RTMEP,T xecutive Secretary <br />e D.P <br />(COMPANY; FLORIDA EAST COAST RAILWAY <br />.� <br />BY: �� <br />• - President <br />9S91 ATTEST: (SEAL) <br />/Secretary <br />INDIAN RVER COUNTY, FLORIDA <br />IIIA OA COUNTY COMMI LONERS <br />Tit e C airm n <br />...: (SEAL) ` <br />�` _ ATTESTS 'M�h e <br />Ks�o .ie COIiN Y C erk <br />Approved as to Form Legality and Execution Examined and Approve3: Date <br />STATE OF p I,ORIDA <br />DI-TAILTMENT OF TRANSPORTATION <br />1tY: Division Engineer ' <br />Assistant Attorney Federal lligi,way Administration <br />n <br />1 <br />FEB 91977 <br />Book 28-A. <br />