INDEMNITY TO PLORIDA ;EAST. COAST RAILWAY COMPANY AND
<br />C0NTRACTUAL LIABILITY EN0628E UMS TO CONTRSCTORPS PUBLIC
<br />LIABILITY- AND pROB$R'rY"D]liillBE LIABILITY 110SU LANCE POLICIES
<br />DURING SOCK INDEMNITIES
<br />In. further consideration..Of the sums - of .money herein agreed to
<br />be paid to the Contractor, the,, Contractorby execution and delivery
<br />,hereof,, agrees that; it shall and, will at all times hereafter
<br />indemnify and :save harmiess the- Florida East Coast Railway company
<br />from acid 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 parson, including without limitation upon
<br />the generality of the foregoing descriptoon,,. employees and officers
<br />of Florida East Coast Railway Company, employees and officers of
<br />materialmen,. aimployses ;and officers of the Contractor, employees
<br />an4 officers of all subcontractors, in the limits of $1,000,000
<br />each person injured or killed, and 521000,000 each occurrence.
<br />,B. Iris,; damage, injury and loss of urs or any real personal.
<br />property (a) in which Florida EastCoast Railway Company has any
<br />ow3*ership interest and (b) personal property in the custody of
<br />Florida East Coast Railway Company under any transportation
<br />contracts; including wnthout limitation upon the generality of the
<br />two . foregoing en=arations, all railroad equipment aommon2y'
<br />described as rolling stock and the contents of the same, all in then
<br />aggregate Zimt-af $2.,000,000..
<br />C. Boss, injury, decline. n market value or deterioration in
<br />quality .of ahy perishable merchandise in the custody of Florida
<br />East Cos�a4�t Railsta I Company occurring or originating during the
<br />first forty-eight, (4S) hours -from, but excluding, the first five
<br />(3) minutes any break in the continuity or other obstruction: of
<br />passage of trains_, directly .or indirectly arising from the
<br />Contractor,1s operations; upon said trach or 'tracks, .as the case may
<br />be:,, of Florida East Coast Ytailwai► Company at or vtbin one hundred
<br />(100sa
<br />.) feet of id.:location upon which the work is to be 'performed.
<br />hereunder, the imprqvqzq#t1 ronav-Ati. or repair of'which i& the
<br />subject matter of this constmct on contract, and also all expenses.
<br />reasonably iii c.d 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 ra of other railroad common carriers during the
<br />ilroad
<br />ffrst fatty-0-4ht (,46) hours following any such break in the
<br />c iftuity of said track or tracks, as the case 'may be, of the
<br />Florida mast C649t Railway Company at or within ane hundred (100)
<br />feet, of; said' area.
<br />
|