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<br />") <br /> <br />Should Lessee fail or refuse to trim any plantings upon the <br />premises after Lessor's request so to do., Lessor shall have the <br />right to perform such work at Lessee's expense. <br /> <br />Watering and irrigation shall be in such a manner that there <br />will be no fouling of Lessor's adjacent roadbed. The premises shall <br />be graded to drain away from any railroad tracks. <br /> <br />7. The general contour of the premises shall not be changed. <br />No excavation work shall be performed upon the premises, nor shall <br />any permanent-type improvements or facilities be installed or <br />constructed thereon. <br /> <br />8. Lessee shall fully pay for all materials joined or affixed <br />to the premises and shall pay in full all persons who perform labor <br />thereupon. Lessee shall not permit or suffer any mechanics' liens <br />or materialmen's liens of any kind or nature to be enforced against <br />the premises for any work done or materials furnished thereon at <br />Lessee's request. <br /> <br />9. ~nsofar as it lawfully may, Lessee shall release and <br />indemnify Lessor from and against all liability, cost and expense <br />for loss of or damage to property, and for injury to or death of any <br />person (including, but not limited to, the property and employees of <br />each party hereto) when arising or resulting from: <br /> <br />(a) the use of the premises by Lessee, it agents, employees, <br />invitees~ or licensees~ or <br /> <br />(b) breach of the provisions of this lease by Lessee, <br /> <br />whether or not caused or contributed to by any act or omission, <br />negligent or otherwise, of Lessor, its employees, agents, <br />contractors, subcontractors, or their employees or agents, or any <br />other person. <br /> <br />The term "Lessor;" as used in this section, shall include the <br />successors, assigns and affiliated companies of Lessor and any other <br />railroad company operating upon Lessor's tracks. <br /> <br />Lessee, upon request, shall provide Lessor with certified <br />copies of insurance in form and amounts satisfactory to Lessor, <br />insuring the liability of Lessee hereunder. <br /> <br />10. Lessee's use of the premises shall not interfere with the <br />reconstruction, maintenance, repair or use of any railroad facility, <br />drainage ditch (including the natural flow of water therethrough), <br />or related facilities which may be located upon, over, or beneath <br />the premises. <br /> <br />11. Lessee shall pay for all utilities used by Lessee on the <br />premises direct to the utility company providing such service. In <br /> <br />-2- <br />