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5: Licensee agrees t lease and indemnify Raillpd from and against <br /> all cost, expense, ad liability for: <br /> (a) loss of or damage strcture or other t tptc or <br /> the agents or employees oS L3 �nseen connection with heontitruetion, <br /> maintenance or use Of said structure, and <br /> (b) injury to or death of an person while on or about Railroad's premises <br /> in connection with the construction,, maintenance or use of said structure. <br /> whether or not caused solely or partially by Railroad's alleged p r ti�georo on <br /> any activities upon its premises or by a negli�gs or <br /> the part of any of Railroad's agent4 or employees; and for <br /> . . of 'darra to p o ettx of any plerean, and ` <br /> (d) 'injury to or death of any person <br /> when resulting from the breach by Licensee of any of the provisions of this agreement, or from the use of Railroad <br /> ' "f • 4 premises by Licensee, or from the presence on or about Railroad's premises, or going to or from such premises by <br /> Licensee, or Licensee's agents or employees. <br /> The word "Railroad" as used in this Sections shall be construed to include, in addition to Railroad, the lessor, <br /> successors, assigns and affiliated companies of Railroad, and any other railroad company that may be lawfully <br /> operating upon and over the tracks crossing said structure, and the officers and employees thereof. <br /> 6. No work on Railroad premises shall be commenced by anv contractor for Licensee until such contractor <br /> ' has entered into Railroad's standard Contractor's Agreement covering such work. <br /> `` 7. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons who <br /> perform labor upon said premises, and will not permit or suffer any mechanics' liens or materialmen's liens of <br /> A. any kind or nature to be enforced against said premises for any work done or materials furnished thereon at <br /> 1 Licensee's instance or request. <br /> f. v. <br /> 8. In case Railroad shall successfully bring suit to compel performance of, or to recover for breach of, any <br /> i covenant, agreement or condition herein written, Licensee shall and will pay to Railroad reasonable attorney <br /> fees in addition to the amount of judgment and costs. <br /> I <br /> .. 9. This agreement may be terminated by either party hereto by giving thirty (30) days' notice in writing <br /> to that effect. <br /> 10. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit <br /> of and be binding upon the heirs, executors. administrators, successors and assigns of the parties hereto. <br /> 11. Said structure shall be constructed and maintained in accordance <br /> with the specifications indicated on the print of Drawing C.S. 1741, <br /> also attached and wade a part hereof. <br /> . <br /> i ` <br /> - <br /> 1.1 ,‘ , I . i. 1\, HL1. `i` `F, the parties hereto have caused these presents to be executed in duplicate the <br /> dav ,,nr+ l'PAr first 1.,.. - ..rittr' <br /> • <br /> SOUTHERN PACIFIC COMPANY, <br /> . <br /> 1 - . <br /> 'rr.CSFI) b . <br /> 4 Superintendent <br /> OF REDWOOD CITY <br /> -- — (Licensee) <br /> Maws <br /> . <br /> • <br /> Ft' ..p <br /> ont. C LL ri aq <br /> ` , —If as Iof Railroad l ord ,, r r shuts Le uted by .:, -.■ of i<et tbaMf and 111 title indicated; otla wWr t'GOrM M loft- and 1! ii r�pioyee of Rallraad it txacti:icabl H not b a Aia�n eaee <br /> t rrr�t rri .w ».. ea ..thori <br /> i q; <br />