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177 INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH AND LIABILIT', AND INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless judgrmnts , and all loss, damages, costs, charges, and expenses which Florida East Coast Rail- way Company may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor or any of the subcontractors, or both, such directly or indirectly under or pursuant to this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation on the generality -of the foregoing des- cription employees and officers of Florida East Coast Railway Company, employees and officers of materialmen employees and officers of the Contractor, employees. and officers of all subcontractors, in the limits of $1,000,000.00 each person injured or killed, and $2,0009000.00 each accident occurrence. B. Loss, damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest and b personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,0000000.00 C. Loss, inju,,y, decline in market value or deterioration in quality of any perishable merchand'ise,in the custody of Florida East Coast Railway Company occur- ring or originating during the first forty-eight j48) hours from but excluding the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly wising from the Contractor's operations, upon said track or tracks as the case may be, of Florida East -Coast Railway Company at or within one hundred (100) feet.of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair -of which is the sub- ject matter of this construction contract, and also,all expenses reasonably in- curred Vy Florida East Coast Railway Company 1n and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railtoad common carriers during the first forty-eight (48) hours follo}ging any such break in the continuity of said track or tracks as the case may be of said Rairlway Company at or within one hundred (100) feet of said areas. JUL 3 01980 44 F4" 191