|
B. Upon any Modification of all or any portion of Licensee's Facilities to another location
<br />on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline
<br />Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the
<br />Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will
<br />terminate upon Licensee's completion of such Modification(s) and all requirements contained within the
<br />"TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of this Exhibit B. Any such
<br />Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of
<br />Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.
<br />Section 9. RESTORATION OF RAILROAD PROPERTY.
<br />In the event Licensee, in any manner moves or disturbs any property of Licensor in connection
<br />with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or
<br />removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee's sole cost and
<br />expense, restore Licensor's property to the same condition as the same were before such property was
<br />moved or disturbed.
<br />Section 10. INDEMNITY.
<br />A. Definitions. As used in this Section:
<br />"Licensor" includes Licensor, its affiliates, its and their officers, directors, agents
<br />and employees, and other railroad companies using Railroad Property at or near
<br />the location of Licensee's installation and their officers, directors, agents, and
<br />employees.
<br />2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub -
<br />subcontractors, employees, officers, and directors, or any other person or entity
<br />acting on its behalf or under its control.
<br />3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages,
<br />statutory damages, and exemplary damages), costs, charges, assessments,
<br />judgments, settlements, liens, demands, actions, causes of action, fines, penalties,
<br />interest, and expenses of any nature, including court costs, reasonable attorneys'
<br />fees and expenses, investigation costs, and appeal expenses.
<br />B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any
<br />and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to
<br />Licensee's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation,
<br />removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or
<br />alleged:
<br />REV: 02-19-21 RL
<br />Bodily harm or personal injury (including any emotional injury or disease) to, or the
<br />death of, any person(s), including, but not limited to, Licensee, Licensor, any
<br />telecommunications company, or the agents, contractors, subcontractors, sub -
<br />subcontractors, or employees of the foregoing;
<br />2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property,
<br />including loss of use and diminution in value, including, but not limited to, any
<br />telecommunications system(s) or fiber optic cable(s) on or near Railroad
<br />ATTY/AGR.2021.037/UPRR (Sobrato Recycled Water Main Crossing) (Page 11 of 15)
<br />
|