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6. The Licensee shall omow andvisintain all appliances or fixtim,crossing over, under or across the RaflwWs
<br />tracks and right of way, in conformity with Railway's specifications, togetherwithsuch other laws and regulations as may
<br />be applicable.
<br />7. If aay. crossings hereunder consist of a pipe or oondWt.to emend under the tracks ofifie Railway, the same shall
<br />belocated notlessthan -5.5 feet, below the bottom of ties in such tracks, and properly safe-guarded as may tie necessary or-
<br />as required by Railway, Witis ,a wire fin; to extend over the tracks ofthe.Railway, the same shall'be located not less than
<br />43 44 above tb#y;& with additional ailearanoes at certain l6dationsas prescribed by kailwiy: The pole's carrying such wines
<br />shall be do6l"rackeied.and of good and sullicient quali.ty and size for-putpose. Wended and located as hereinafter
<br />designated bythe Rahway; All -poles must.6 scciurcly':planted and fastened so as to prevent the same fiml-falling oil the
<br />tracks or other property of.the Railway or upon outer wires on the right of way. No other facilities of the Licensee shall be
<br />located upon any of the Railway's PWeq Without its Prior written PWW9Si0lL
<br />9. In aildiflon t6theother terms ofthis agrwmentrany subgrade or above grade crossing of the Railwa
<br />, y's light of
<br />way is subject to the lemma of the 'GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE
<br />CROSSINGS OF THE RAILWArSRIGHT OF WAY- Issued by the ofrioe,ofChief Engineer, Florida Fast Coast Railway
<br />Comptiny, the tefms and,conditions of which areincorporated herein by reference.
<br />9 The Lipm-= shall, obtain and maintain all necessary permits, licenses and franchises required by law.
<br />Whenever under this agreement, Licensees appliances, fixtures or facilities vre located near or adjacent to, any
<br />ooirunuiliogilowor signal lines oftheRailway or any liomwA oommuni6aflon utility on the right,ofway of Railway, Licensee
<br />shall at all times preiAmt interlh-mee ins any way with the construction, maintenarm, oroperation otsuch crossed or adjacent'
<br />signal 1* Mes. or,00mmunieddon lines, and in such event Licensee "I adopt.. uses and Maintain the best known and most
<br />i
<br />c1lbetive methods to protect the aforessid"communication lines from physical hdzatd andInductive interference.
<br />10. That Lic*iswshall and will,c4uss due notice, and in no event less than forty-eight (48) hours, excluding
<br />Satunleys, Sundays and holidays, to be given in writing to the RiiiiWaYwhen Licensee or its contractor or.anyone claiming
<br />under'Licensca, proposes to enter upon or cross the tracks, roadbed orother property of the Railway with such crossings
<br />or for excavations therefor, in order that proper protection maybe provided for trains. IfRailwaysball object to the notice
<br />as,too short or #Wft workhas not therefore bow authorized in writing by Railway, then no such work shall be commenced
<br />uatil:approvalis-obtained.in,writing from Railway.
<br />11. That
<br />hat said appliances, fixtures, facilities or crossings -41he Licensee shall not at any time interfere with or
<br />endanger the track, roadbed, or other property of-theRailway, orAhe operations, maintenance.or improvements of the
<br />Railw4, orafanyother patty thereon; and Licensee shall at its own expense, on notice from said Railway, forthvAth change,
<br />Improve or rep* such appliance o,rfixtums as may 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 communication Wfityon-the right -ofway of Railway, the cost of such alternations or paid
<br />by the said Licensee.
<br />13. Licensee agretsthet if, byr.Wonofally phatigesora"fions made at,sny**c try the RailWayin h6t=K
<br />light of way, structure'sandappliwoes, thereon, or Oropqq.,, . itW=esnoomxy-todiangelelocation-ofallor.tmypaft
<br />of the said crossings ot the 'Licensee therefor, such changes as are necessary shall be made by Licensee promptly. at the
<br />requoit oftheRallway and at-sole cost and,expemotLieqnsee,
<br />14. Licensee hereby assumes, and shall aLall times hereafter release, indemnify, defend and save Railway harmless
<br />from and-agaitilany2abd alliability, loss, claim, suit, damage, charge or expense which"Railway may suffer, sustain, itcur
<br />or in any way -be subjected to, on account of death of or injury to any person whomsoever (including officers, agents.
<br />211-4.OACM
<br />P78
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