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• _ 8©OK 44 PAGE 3.58 10. In consideration for the granting of this crossing and in recognition of the exposure to hazard of the operation of the Railway by reason of the construction, maintenance and use of said crossing, the Licensee does hereby' -- release and agree to indemnify and save Railway harmless from and against all liabilities, claims, costs and expenses for loss or damage to the property of either party hereto or of third persons and for injuries to or deaths of Licensee, or the agents, employees or invitees of Licensee or third persons or the employees of Railway caused by or arising out of the presence, maintenance, use or removal of said crossing, regardless of any negligence or alleged negligence on the part of any employee of the Railway. 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of -the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors .or the heirs and assigns of Licensee and none of the covenants or agreements shall be waived or modified except by both parties hereoinnwriting iandonoained alleged verbal waiver or modification shall be binding under any circumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of .this agreement, the necessary amount ofdocumentary stamp taxes required.to be affixed to this agreement under the _laws of the United States of America, the State of Florida, or both. 14. 'Licensee agrees that, if Licensee is herein required to pay unto Railway any sum of money as may be specified on first page hereof, Licensee will pay unto Railway the sum of $ 20.00. in cash in advance for each year for which this agreement may be renewed or may resin in effect beyond one year from date hereof. 15. Licensee agrees that it will, at its expense, adjust.its said facilities to any physical change or additions made at any time by the Railway in -its tracks, or the facilities on, or its property at this location. 16. Licensee agrees that its facilities shall be installed wind maintained by and at the expense of Licensee in a manner that will not at any time be a clanger to or interfere with the safe and efficient operation of the Railway's txacks or equipment thereon, that such work shall be subject at all times to the approval of an authorized representative of the Railway. 17, If Licensee be a municipality or a public or then it agrees that no assessment or other char Quasi public corporation ny shall be ldvied or made again st the Railway or againstaits�ro tura whatsoever account of the installation gr existence of Lice location. e'nses facilities tat this 18. NON..PArVM AND PLACE OF VEMTE. It is expressly Parties hereto that XP lY agreed by and between the Which are not paid want' obligations of the Licensee under the terms of this agreement 30ateof sixPresentation of bills for same by the Railway shall bear interest at the of presentation of the bill until same shall be paid. Icent t is annum from the date that in the event Railway shy institute and prevail in xpressly agreed enforcement of any of its rights under the provisions of an action or suit for the Pay to Railway a reasonable attorneyis fee on account thereof. greement Licensee shall litigation, the parties agree that the laws of the State of Flori�daso' ll � the event of will be in either St. Johns County, or Duval County, at the option of taPP�Y• Venue Page 3