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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH, CLERK
<br /> 6. The Licensee shall oottstrw and maintain an appliances or fixtures crossing over,under or across the Railway's
<br /> tracks and right of way,in conformity with Railway's specifications,together with such other laws and regulations as may
<br /> be applicable.
<br /> 7• If 81y casings Imeturder consist of a pipe or conduit to extend under the tracks of the Railway,the same"
<br /> be located mot less than 5_5 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 some shalLbe located not less than
<br /> 43 fed above the rails with additibnal.cleaiarrces at certain locations as prescribed by Railway.The poles carrying such wires
<br /> shall be double-bracketed and of good and sifficient quality and size.for purpose intended and located as hereinafter
<br /> designated by the Railway.All poles must be securclyplanted and fastened so as to prevent the same from falling on the
<br /> tracks or other property of the Railway or upon other wines 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 /> S. In addition to the other terms of this agreement,any subgrade or above grade crossing of the Railway's 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.
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<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 locates near or adjacent to. any
<br /> communication or signal liness.of the Railway or any lionised communication utility on the right of way of Railway,Licensee
<br /> shall at all times prevent intcrfatnec in arty way with the construction,maintenance,or operation of such crossed or adjacent
<br /> signal lines or communiclition lines,and in such event,Licensee shall adopt,use and maintain the best known and most
<br /> effective methods to protect the aforesaid communication Iines from physical hazard and inductive interference.
<br /> 10. That Licensee shall and will cause due notice,and in no event less than forty eight.(49)hours,excluding
<br /> Sauudays,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 property of the Railway with such crossings
<br /> Or forexcavati=therefor,in order that proper protection maybe provided for trains. If Railway shall object to the notice
<br /> as too short,or that the work has not them'ore been authorized in writing by Railway,then no such work shall be commenced
<br /> until approval is obtained in writing tzorn Railway.
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<br /> 11. That said appliances,fixtures,facilities or crossings of the Licensee shall not at tiny time interfem with or
<br /> endanger the track,roadbed,or other property of the Railway,or-the operations,maintenance or improvements of the
<br /> Railway,or ofanyothcr party thereon-and Licensee shall at-its own expense,on notice from said Railway,forthwith change,
<br /> improve or repair such appliance or fixtures as may be prescribed by said Railway.
<br /> 12. Should the provisions contained herein cause any change or alterations in the location or rurangement of the
<br /> wires,poles,appliances,fixtures or facilities of the Railway or the wires poles,appliances,fixtures or facilities of any
<br /> lioeased eottmtunicati0t 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,
<br /> right of way,structures and appliances thereon,or property,it becomes necessary to change the location of all or any part
<br /> of the said crossingsof the Licensee therefor,such changes as are necessary shall be wade by Licensee promptly at the
<br /> request of the Railway and at sole cost and expense of Licensee.
<br /> 14. Licensee hereby assurnes,and shall at all times ha=fler release,.indemnify,defend and save Railway harmless
<br /> from and against any and all liability,loss,claim,suit,damage,charge or expense which Railway may suffer,sustain,incus
<br /> or in any way be subjected to,on account of death of or injury to any person whomsoever(including officers,agents,
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