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and expense, restore Licensor's property to the same condition as the same were before such property
<br />was 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,
<br />agents and employees, and other railroad companies using Railroad Property
<br />at or near the location of Licensee's installation and their officers, directors,
<br />agents, and 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 />"Loss" includes claims, suits, taxes, loss, damages (including punitive
<br />damages, statutory damages, and exemplary damages), costs, charges,
<br />assessments, judgments, settlements, liens, demands, actions, causes of action,
<br />fines, penalties, interest, and expenses of any nature, including court costs,
<br />reasonable attorneys' fees and expenses, investigation costs, and appeal
<br />expenses.
<br />B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against
<br />any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is
<br />related to Licensee's construction, maintenance, modification, reconstruction, repair, renewal, revision,
<br />relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to,
<br />any actual or alleged:
<br />1. Bodily harm or personal injury (including any emotional injury or disease) to, or
<br />the death of, any person(s), including, but not limited to, Licensee, Licensor,
<br />any telecommunications company, or the agents, contractors, subcontractors,
<br />sub -subcontractors, or employees of the foregoing;
<br />2. Damage to or the disturbance, loss, movement, or destruction of Railroad
<br />Property, including loss of use and diminution in value, including, but not
<br />limited to, any telecommunications system(s) or fiber optic cable(s) on or near
<br />Railroad Property, any property of Licensee or Licensor, or any property in the
<br />care, custody, or control of Licensee or Licensor;
<br />3. Removal of person(s) from Railroad Property;
<br />4. Any delays or interference with track or Railroad's Use caused by Licensee's
<br />activity(ies) on Railroad Property, including without limitation the
<br />construction, maintenance, modification, reconstruction, repair, renewal,
<br />revision, relocation, or removal of Licensee's Facilities or any part thereof, any
<br />activities, labor, materials, equipment, or machinery in conjunction therewith;
<br />5. Right(s) or interest(s) granted pursuant to this Agreement;
<br />6. Contents escaping from Licensee's Facilities, including without limitation any
<br />actual or alleged pollution, contamination, breach, or environmental Loss;
<br />Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 N. (402) 501-0340
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