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2008-286
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2008-286
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expenses and costs (including reasonable attorneys fees) incurred by or asserted against <br /> RAILWAY whether for personal injury or death or damage to property of any person or persons <br /> whomsoever, relating to, resulting from or arising out of the construction, installation, <br /> maintenance or replacement of the CROSSING SITE by RAILWAY, the performance of work <br /> by RAILWAY required to be performed by COUNTY hereunder, or the use of the CROSSING <br /> SITE or COUNTY facilities , including but not limited to pedestrian walkways, at or near the <br /> CROSSING SITE and regardless of whether such injury or damage is caused or alleged to <br /> be caused, in whole or in part, by the negligence of RAILWAY. Notwithstanding the <br /> foregoing, the COUNTY shall have no indemnification obligation for the intentional, wrongful <br /> acts of RAILWAY. <br /> The COUNTY will include in any contract which it may let for the whole or part of <br /> any work to be performed hereunder by or for the COUNTY, each and every one of the terms <br /> and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST <br /> RAILWAY, L . L . C . AND INSURANCE REQUIREMENTS " attached hereto and made a part <br /> hereof as Exhibit D . <br /> 22 . (a) COUNTY, at its own cost and expense, when performing any work in connection <br /> with the CROSSING SITE shall request RAILWAY to furnish any necessary construction <br /> watchmen for the protection of RAILWAY ' S employees, property and train operations . <br /> RAILWAY shall be notified at least one ( 1 ) week in advance of the performance of any work in <br /> connection with the CROSSING SITE . <br /> (b) In addition to , but not in limitation of any of the foregoing provisions , if at any <br /> time RAILWAY should deem it necessary to place construction watchmen for the protection of <br /> any person or property, during the construction, maintenance, repair, alteration, renewal , or <br /> AFIII •: J Page 8 <br />
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