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TEMPORARY AGREEMENT COVERING ADVANCE <br />RIGHT OF ENTRY AND OCCUPANCY OF <br />BURLINGTON NORTHERN RAILROAD COMPANY PROPERTY <br />BURLINGTON NORTHERN RAILROAD COMPANY (hereinafter called "Railroad "), <br />hereby grants permission to City of Paris; P.O. Box 1037; Paris, Texas 75460 <br />hereinafter called "Permittee ", to enter upon its property for the purpose of <br />Installing a 24 -inch Sanitary Sewer Line on Railroad property and parallel <br />to main track for distance of 1030 ft. (RR Station 30838 + 45 to Station <br />30848 + 75) MP 583.80 to MP 584.0 <br />at Paris, Texas <br />In consideration of permission given the Permittee by Railroad as outlined above pending <br />issuance of a formal lease, permit or license, the Permittee hereby agrees to indemnify and hold <br />harmless Railroad from and against and defend Railroad from and against any and all claims, loss, <br />costs, suits or damages arising out of injuries to or death of any and all persons whomsoever, <br />including, but not limited to, the parties hereto, their agents and employees, or damage to <br />property to whomsoever belonging, including property owned by or in the care, custody and <br />control of either Permittee or of Railroad, in any manner connected with or resulting from, <br />either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee, <br />its employees, agents, contractors or subcontractors and their employees, regardless of whether <br />or not such injury, death or property damage may have been caused or contributed to by the <br />negligence of the Railroad, its agents or employees. <br />This agreement shall be and remain in full force and effect until such time as a formal lease, <br />permit or license is entered into by and between the parties hereto covering occupancy of the <br />property of Railroad hereby permitted. <br />The Permittee agrees to execute such formal lease, permit or license promptly upon its being <br />presented to it by Railroad; however, execution thereof shall not operate to absolve the <br />Permittee of any liability assumed and incurred by it hereunder. <br />IN WITNESS WHEREOF, the parties have executed this agreement in duplicate this <br />8th day of June 19 84 <br />Witnesses: <br />Form 16005 5 -72 <br />BURLINGTON NORTHERN RAILROAD COMPANY <br />By <br />Division Superintendent <br />Permittee <br />EXHIBIT A <br />