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<br />6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the Railway's
<br />tracks and right of way, in conformity with Railways specifications, together with such other laws and regulations as may
<br />be applicable.
<br />7. Zany crossings heir under consist of a pipe or conduit to extend under the tracks of the Railway, the same shall
<br />be located not less than II feet below the bottom of ties in such tracks, and properly safe -guarded as may be necessary or
<br />as required by Railway. If it is a wire line to extend over the tracks of the Railway, the same shall be located not less than
<br />43 feet above the rails with additional clearances at certain locations as prescribed by Railway. The poles carrying such wires
<br />shall be double -bracketed and of good and sufficient quality and size for purpose intended and located as hereinafter
<br />designated by the Railway. All poles must be securely planted and fastened so as to prevent the same from falling on the
<br />tracks or other property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be
<br />located upon any of the Railway's property without its prior written permission,
<br />8. In addition to the other terms of this agreement, any subgrade or above grade crossing of the Railways right of
<br />way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE
<br />CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway
<br />Company, the terms and conditions of which are incorporated herein by reference.
<br />9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law.
<br />Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any
<br />communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway, Licensee
<br />shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent
<br />signal lines or communication lines, and in such event, Licensee shall adopt, use and maintain the best known and most
<br />effective methods to protect the aforesaid communication lines from physical hazard and inductive interference.
<br />10. That Licensee shall and will cause due notice, and in no event less than forty-eight (48) hours, excluding
<br />Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone claiming
<br />under Licensee, proposes to enter upon or cross the tracks, roadbed or other
<br />or for excavations therefor, in order thatProperty fR it Railway with such the notice proper protection may be provided for trains. If Railway shall object to notice
<br />as too short, or that the work has not therefore been authorized in writing by Railway, then no such work shall be commenced
<br />until approval is obtained in writing from Railway.
<br />11. That said appliances, fixtures, facilities or crossings of the Licensee shall not at any time interfere with or
<br />endanger
<br />of any track, roadbed,r or other property of the Railway. or the operations, maintenance or improvemertts of the
<br />apples fixtures shall at its own expense,ysaid
<br />notice from said Railway, forthwith change,
<br />improve orrepair suchasmay be prescribed by said Railway.
<br />12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the
<br />wires, poles, appliances, fixtures or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any
<br />licensed ooamumicatian utility on the right of way of Railway, the cost of such alternations or re -arrangements shall be paid
<br />by the said Licensee.
<br />13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its tracks,
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<br />ofw, structures and appliances thereon, or property, it becomes necessary to change the location of all or any part crossings of the licensee therefor, such changes as are necessary shall be made by Licensee promptly at the
<br />request of the Railway and at sole cost and expense of Licensee.
<br />14. Licensee hereby assts, and shall at all times haeaiier release,
<br />from and against any and all liability, loss, claim, shit, dame',defend and save Railway harmless
<br />or in any way be subjected to, on account of death of or injury �W or expense which Railway may suffer, sustain, incur
<br />Jmy any person whomsoever (including officers, agents,
<br />217-4-O.AGM
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