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