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40 <br />INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND <br />CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY <br />AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES <br />In further consideration of the sums of money herein agreed to be <br />paid to the Contractor, the Contractor by execution and delivery hereof, <br />agrees that it shall and will at all times hereafter indemnify and save <br />harmleas the Florida East Coast Railway Company from and against all <br />J: <br />and all lose, damages, costa, chargee, and expenses which it <br />may suffer, sustain, or in anywise be subjected to on account of or <br />occasioned by the operations, whether or not negligent, of the Contractor, <br />or any of the subcontractors, or both, whether directly or indirectly <br />under, or pursuant to, this construction contract, up to the total sums <br />of money, as follows; <br />A. On account of death, personal injuries, loss of income or <br />earning ability of any person, including without limitation upon the <br />generality of the foregoing descri tion <br />of <br />Florida East Coast RailwayCompany, mp' yyees and and officers to <br />employees and officers ofthe mContractor� employees fand eofficers of ratofiallen' <br />subcontractors, in the limits of $1,000,000.00 each person injured or <br />killed, and $2,000,000.00 each occurrence. <br />B. Logia damage, injury and loss of use of any real or personal <br />property (a) In which Florida East Coast Railway Company has any owner- <br />ship interest and (b) personal property in the custody of Florida East <br />Coast Railway Company under any transportation contracts; including <br />without limitation upon the generality of the two foregoing enumerations, <br />all railroad equipment commonly describedae rolling stock and the con- <br />tents of the same, all in the aggregate limit of $2,000,000.00. <br />C. 1,088, injury, decline in market value or deterioration in <br />quality of any perishable merchandise in the custody of Florida East <br />Coast Railway Company occurring or originating during the first forty- <br />eight (48) hours from, but excluding, the first five (5) minutes any <br />break in the continuity or other obstruction of passage of trains, <br />directly or indirectly arising from the Contractor's operations, upon <br />said track or tracks, as the case may be, of Florida East Coast Rail- <br />way Company at or within one hundred (100) feet of said location upon <br />which the work is to be performed hereunder, the improvement, renova- <br />tion, or repair of which is the subject matter of this construction <br />contract, and also all expenses reasonably incurred by Florida East <br />Coast Railway Company in and about the re-routing of its trains and <br />cars to, via, and from the lines of railroad of other railroad common <br />carriers during the first forty-eight (48) hours following any such <br />break in the continuity of said track or tracks as the case may be of <br />the Florida East Coast Railway Company aC or within one htndred (160) <br />feet of said areas. <br />