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<br />C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over <br />Licensor's trackage shall be installed or used by Licensor or its contractors without the prior <br />written permission of Licensor. <br /> <br />D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at least <br />fifty (50) feet from the centerline of Licensor's nearest track. <br /> <br />E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the <br />work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have <br />no liability to Licensee or any other person or entity for any such delays. Licensee shall <br />coordinate its activities with those of Licensor and third parties so as to avoid interference with <br />railroad operations. The safe operation of Licensor's train movements and other activities by <br />Licensor take precedence over any work to be performed by Licensee. <br /> <br />Section 7. <br /> <br />PROTECTION OF FillER OPTIC CABLE SYSTEMS. <br /> <br />A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic <br />cable systems is of extreme importance since any break could disrupt service to users resulting in <br />business interruption and loss of revenue and profits. Licensee shall telephone the Licensor <br />during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, <br />except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to <br />determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the <br />Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, <br />arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic <br />cable, all at Licensee's expense, and will commence no work on the Licensor's property until all <br />such protection or relocation has been accomplished. Licensee shall indemnify and hold the <br />Licensor harmless from and against all costs, liability and expense whatsoever (including, without <br />limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by <br />Licensee's failure to comply with the provisions of this paragraph. <br /> <br />B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN TIDS AGREEMENT, THE <br />LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, <br />INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND <br />AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, <br />WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) <br />CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS <br />AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION <br />OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR <br />(2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF <br />OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, <br />AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH <br />COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT <br />ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT <br />IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY <br />CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE <br />OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A <br />TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A <br />CUSTOMER OR USER OF SERVICES OF THE FmER OPTIC CABLE ON <br />LICENSOR'S PROPERTY. <br /> <br />