1976-040 - Laserfiche WebLink

Home Browse Search

® FORPAGkM 4110 IF•7ltl • fifty per aunt (50%) of the cost enunuvrated 1), Ihc. Scbednle of Ammal Cost of Anlomalic Ilighway Gr:ule Crossing Proleelivc Itcvices allacbed hcrrfo and by Ibis reference made :t part hereof. At the concloAmi of said lime prriud, snrlt mainlenancc of the prolective devices and expense Own of will be Irvtsfrn-red to and assnun•d by the COL INTY and Ills COUNT')' joins herein for the purpose hereof. The. CMINTY agrrrs lu notify the CONIPANY in wriling at Icast thirty (30) daps prior to expiralion of maintenance by the. DETAR'I'Nll�INT. 11' BEING F,XPREISSLY UNDFUISTOOD AND AGREEM that the COMPANY may, at its option and upon proper nolifivalion, perform such periodic nutintrnance work as myuired and hill cilhe.; till- DLPARTNII;NT or lite COUNTY, whichever is applicable wider the. foregoing paragraph, for costs thus incurred. 11. After Said awommic crossing signals and/or olher protective drvice•s have born iusfallyd and/or adjusted and found to hr in satisfactory working order by Ute parties hrrelo, liv same shall be immediately put into Service, operated :uul maintained by the COMPAN 1' so lung as said COMPANY or their successors or assigns shall operate Ihr aulomatic pad1' crossing signals and/err other pruledicr devices, or until it is agreed between Ilic parties hereto that the signals are no looser nrcessary at said grade crossing, or until the said crossing is abandoned. or other h -al tequirenumis made which shill cease operalion and maintenance of signals thereat_ The COMPANY agrees Ilial any frtlure relocation oradjustment of said prolecli%e devices shall he perfortued by the COMPANY with the DEPARTNILM' or the COU'NT'Y, whichever is. applicable al the lime at- governed in Paragraph 10 above, respnu-0111' forsueh cost asspered al that future dale. The COMPANY further agree= to assunu- fol) rrspottsiIi lity for the continued operation and maintenance of such devices once Ihey are placed in service. 12. The COMPANY expr(-ssl)' agrees to indcnntif} and hold harndcss the DEPARTMENT against carp and every claim, demand or cause of action tial may 1l- made or runty against the DEPARTMENT by reason of or any way arising out of any defect, imprrfeclion, failure to repair, or failure to maintain, dune, suffered, or permilled in or ahout such protective d!'viecs, and also every claim, demand or cause of action against said DEPARTMENT by reason of any liabilit} that is or may lie imposed an the DEPARTMENT under the laws of this Stale because of its participation in Ihr cost of such mainlenancc governed in Paragraph 10 (b) above, on account of any such defect, imperfection, or failure to repair or maintain, done, suffered, or permitted in or aboot said cros.:ing or crossing protective devices, or on account of any action or omission on the part of the COMPANY in or about till- sante, 13. I'll(! COMPANY covenants to indemnify, defcud, save harmless and exonerate the DI:1"Awr4mEM of and from all liability, claims and dvinan ds arising unl of wort: uuderlakt-n by flit - COMPANY pursuant to this agreement, doe to the negligent actions, delay or omissions dune or