|
40
<br />0
<br />of
<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 />It,
<br />..,, bll� wall L4L Vl, `,LIC I.ULIL LNUL0� by execution and delivery hereof,
<br />ogr6es that it shalt. and will at all times hereafrer indemnify and save
<br />harmless the Florida East Coast Railway Company from and against all
<br />judgments, and all loss, damages, costs, charges, 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: l
<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 description, employees and officers of
<br />Florida East Coast Railway Company, employees and officers of materialmen.
<br />employees and officers of the Contractor, employees and officers of all
<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. Loss, 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 described as rolling stock and the con-
<br />tents of the same, all in the aggregate limit of $2,000,000.00.
<br />C. Loss, 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 beof
<br />the Florida East Coast Railway Company at or within one hundred (160)
<br />feet of said areas.
<br />
|