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commmitted by the COMPANY, its subcontractors, employees, agents or represen. <br />tatives; excepting however, Any,loss., damage or injury -Arising out of or <br />caused by the negligent actions, delays- or omissions done or committed by the <br />DEPARTMENT,its subcontractors, employees, agents or representatives, which <br />loss, damage or injury shall be borne by the DEPARTMENT except as otherwise <br />covered by bonds or insurance. <br />14. It is agreed between the parties hereto that': -the cost of installing <br />automatic protective devices at said crossing be borne jointly between the <br />COUNTY and the DEPARTMENT with the COUNTY responsible for ten per cent (10%) <br />of the actual cost. The COUNTY upon execution of this agreement shall furnish <br />to the DEPARTMENT as advance payment a negotiable voucher made payable to the <br />DEPARTMENT for ten per cent (10�) of the estimated cost contained in para- <br />graph 4 above. Should ,he final cost be less than estimated cost, refund to <br />the COU14TY shall be made. Should the final cost be greater than the amount <br />previously paid by the COUNTY, the COU14TY shall, upon receipt of billing, pay <br />to the DEPARTMENT the balance due pursuant to paragraph 9 hereof. <br />Paragraph 14 added prior to execution by parties hereto. <br />IN WITNESS WHEREOF, the parties he-eto have caused these present to <br />-be executed by their duly authorized officers, and their official seals <br />hereto affixed, the day and year first above written. <br />WITNESSES: <br />1. <br />STATE OF FLORIDA <br />DEPARTMENT OF TRANSPORTATION <br />BY: <br />Director of Administration <br />ATTEST: (SEAL) <br />As to t�ATMUITr xecutive Secretary <br />(COMPANY) FLORIDA EAST COAST RAILWAY <br />President <br />9—s <br />ATTEST: 4as"_?c2retary� (SEAL) <br />INDIAN RVER COUNTY, FLORIDA <br />ItY: — — <br />As.istant Attorney ntvision F: nitiurer <br />Frdrral lligheay Admini,lralinu <br />gMRb GF-ZGMy--OMMIFIONERS <br />CC�Ic l Ci� <br />_ <br />(Tiile_Chair n <br />(SEAL)ATTEST:' <br />o ie COUf <br />Clerk&�u <br />Ap Proved atl to For," i vg-111ty and Execution <br />F.xaminrd mid Aloprovra.: .� Date <br />STATE OF PL01:111.4 <br />DETAlt•141ENT OF TRANSPORTATION <br />ItY: — — <br />As.istant Attorney ntvision F: nitiurer <br />Frdrral lligheay Admini,lralinu <br />