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<br />employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of,
<br />resulting from, or in any way connected with the presence, existence, operations or use of Pipeline or any structure in
<br />connection therewith, or restoration of premises of Licensor to good order or condition after removal, Except when proven
<br />to have been caused solely by the fault, failure or negligence of Railway. However, during any period of actual construction,
<br />repair, maintenance. replacement or removal of the Pipeline, wherein agents or personnel of Licensee are on the railroad
<br />right-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by local law, irrespective of any sole
<br />fault, failure or negligence of Railway. Notwithstanding anything to the contrary contained in this agreement, no provision
<br />herein is leaded cr shall be construed as a waiver of sovereign immunity beyond the provisions of Section 768.28, Florida
<br />Statutes.
<br />15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in
<br />supervising, protecting and restoring the property of the Railway by reason of operations of Licensee.
<br />16. Cotnnen ting with the initial tam of this Agreement. Licensee shall pay in advance unto Railway for each year
<br />or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A" attached
<br />hereto and made a part hereof, together with such future increases that may be dictated by market conditions.
<br />17. In the event any other appliances, fixtures or facilities or crossings upon or across the right of way of the
<br />Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or to have
<br />been added during the life of this agreement, such appliances, fixtures or facilities or crossings upon or across the right of
<br />way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the crossings or other
<br />facilities shown on the attached Schedule and all the tams of this agreement shall apply to such additional wire line facilities.
<br />18. This agreane nt and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee without
<br />prior written consent of the Railway having been first obtained.
<br />19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida East
<br />Coast Railway Company for full compensation, or damages of any sort, including but not limited to special damages;
<br />severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property
<br />specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof.
<br />20. It is Anther mutually understood and agreed by and between the parties hereto that Licensee will not perform
<br />any work on Railways property without having a railroad watchman present at all times work, hereunder is being performed,
<br />if one is deemed to be necessary by the Railway's Chief Engin= or other designated Company official; further, that Licensee
<br />covenants that it will include in any contract which it lets for the whole or any part of the said work to be performed
<br />hereunder by or for the Licensee, each and every of the following tams and conditions of the two (2) pages attached hereto
<br />and made a part hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY
<br />TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR OR LICENSEE," and,
<br />"INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY
<br />ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY
<br />INSURANCE POLICIES DURING SUCH INDEMNITIES.' Not withstanding the foregoing, it is understood and agreed
<br />between the parties duet Metropolitan Dade County may self insure against liabilities which may vise under this agreement.
<br />21. In the event Licensee shall default in the performance of any of the covenants contained in this agreane nt to
<br />be kept and performed by Licensee, and such default shall continue for tem (10) days after written notice thereof shall have
<br />been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be declared
<br />forfeited as to the mussing or aossings or other facilities where such default occurred and thereupon all rights of the Licensee
<br />shall cease, as to such crossing or crossings or other facilities and Licensee will. at its own expense, remove said wire or pipe
<br />lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of failure of Licensee
<br />to do so, the Licensee will promptly reimburse the Railway for its cost of doing the same.
<br />22. This agreement shall supersede all other contracts and agreements heretofore made between the Railway, and
<br />farmer Trustees of its property, m die are peri. and the Licensee and all other predecessors and subsidiaries of the Licensee,
<br />on the other part, covering all crossings, appliances, fixtures or facilities presently on or across the right of way of the
<br />Railway. The existing musings shall be conclusively held to have been constructed under equivalent terms and conditions
<br />as those herein, and shall be maintained under the terms of this agreement.
<br />217-4-0.AGM S
<br />;Nark as.
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