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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH,CLERK
<br /> employees or invitees-of Railway),and for damage to or loss of or destruction ofany 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 /> mon therewith,ar restoration of premises of.Lioensor to good order or condition after removal,Except when proven
<br /> 0 have been caused solely bythe 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.pereorutel of Licensee anis on the railroad
<br /> right-of-way,Licensee's liability hereunder"I be absolute,to the extent permitted by local law,irrespective of any sole
<br /> fault,failure or negligence ofRailway.Notwithstanding anything to the contrary contained in this agreement,no provision
<br /> herein is inteaided or shat!be oonsgued 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. Commencing with the initial term of this Agreeroertt,Licensee shall pay in advance unto Railway for each year
<br /> or fraction thereof ofthe 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 /> I?. 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 attacher]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 terms of this agreement shall apply to such additional wine line facilities.
<br /> 18. This agreement and Licensees 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 relatquishps any legal rights and monetary claims which it alight 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 Agreenent whether such property is taken by eminent domain proceedings or sold,under the threat thereof
<br /> 20. It is further 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 /> ifone is deemed to be necessary by the Railway's Chief Engineer 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 perforrried
<br /> hereunder by or far the Licensee,each_and every of the following terms 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 013TAIIVFDs 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 thatMenopolitan Dade County may self insure against liabilities which may arise under this agreement.
<br /> 21. In the event Licensee shall default in the performance ofany of the covenants contained in this agreement to
<br /> be kept and performed by Licensee;and such default shall continuefor ten(10)days after written notice thereofshali 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 /> forfeiter]as to the tossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee
<br /> shall cease,as to such=crossing or crossings cr other facilities and Licensee will,at its own expense,remove said wire or pipe i
<br /> Imes from the property of the Railway at such crossing or crossings,or other facilities. In the e-ve nt of failure of Licensee
<br /> to do so,the Licensee will promptly scimburse the Railway for its cost of doing the same.
<br /> 22. This agreement shaltmipersede all other contracts and agreements heretofore made-between the Railway,and
<br /> former Trustees of its property,on the one part,.and the Licensee and all other predecessors and subsidiaries of the Licensee, i
<br /> on the other part„covering all crossings,appliances,fixtures or facilities presently an or across the right of way of the
<br /> Railway. The existing caawngs 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.
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