|
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 ofpremises of Licensor to good order or condition after removal, Except when proven
<br />to have been caused solely by fault, failure or negligence of Railway. However, during any period of actual construction,
<br />repair, maintenanoer, replacement or removal of the Pipeline, wherein agents ar,perionnel oft iomsoo oro 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 ofitallway. Notwithstanding anylliing to the,contrary contained in this agrtx tmmexrt, Ao pmvislon
<br />hereinis'intended or 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. Commencingwith the initial tern of" Agreement, Licenser shall pay in advance unto Railway for each year
<br />or fraction thereof -ofthe life of said crossings or other fee lilies, the applicable srmis as listed on Schedule "A" attached
<br />hereto and made a part hereof, together with such A tum increases'that may be dictated by mtarket conditions.
<br />17. In the. event any other appliances, frztures or facilities or crossings upon or across the right of of the
<br />Railwayshall-he rcinaiter be found to exist as d16 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 terns of this agreement shall apply to such additional wine line facilities.
<br />18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee without
<br />Prior written Consent of the Railway having been fust obtained.
<br />19. Licensee waives and relinqurshes any legal rights and monetary claims which it might have against Florida East
<br />Coast Railway Company for frill 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 Avve ment whether such property is taken by eminent domain proceedings or sold unifier the threat thereof~
<br />20.. Itis fiuihermatuallytutderstood and agreed by and between the parties hereto that Licensee will not perform
<br />any work on Railway's property without having a railroad watchman present at all times work, hereunder is being performed,
<br />ifone is deemed to be neoessary by the Railways Chief Enginax or other designated Company official; further, that Licence
<br />covenants thatit 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 terms and conditions of the two (2) pages attached hereto
<br />and made apart 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 CONTRACTORORLICENSEE;" and,
<br />"INDEMNITY TO FLORIDA EAST• COAST RAILWAY COMPANY AND CONTRACTUAL LIABILM 1 .
<br />ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIA131LITY AND PROPERTY DAMAGE LIABILITY
<br />INSURANCE POLICIES DURING SUCH 1.NDEIvA1 ms." Not withstanding •the fofeg 'i 'it is understood and agrced
<br />between the parties that )vWrolwlitan Dade County may self insure against liabilities which may arIse•under this agreement.
<br />21. In the. event Lie== shall default in the performance of any of the covenants contained in this agreement to I
<br />be kept and 'performed by Licensee, and.such default shall continue for tet! (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 crossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee `
<br />shall cease, as to such crossing br 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 j
<br />to do so, the -Licensee will promptly. reimburse the Railway for its cost ofdoing the same. i
<br />22. This agreement shall supasale all other contracts and agreements heretofore mad& between the Railway, and
<br />farmer Trustees of its properly, on the one part. and the Licensee and all •other priors 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 adstinga sings shall be conclusively held to have beenromtructed under equivalent terms and omditions
<br />as those herein; and shall be maintained under the terms of Us agreement.
<br />219.1-o.AOM
<br />P79
<br />
|