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960 1/12/77 J111 -A be kept within the indicated limits of Premises. There shall be no crossings of Car- rier's tracks except at existing open public crossings. 8.. Licensee further hereby agrees that Carrier shall not, at any time, be re- quired to bear or assume any cost or expense in or incident to the construction and maintenance of the Drainage Facilities; Licensee hereby expressly agrees to bear and assume all such cost and expense. 9. Licensee hereby assumes and discharges Carrier from, and shall defend, in- demnify and save harmless Carrier from and against, any and all claims, suits, damages, costs (including attorneys' fees), losses and expenses of-any nature whatsoever (lst) in any manner caused by, resulting from, arising out of or incident to the installation, construction, maintenance, repair, reconstruction, removal, use or existence of Drainage Facilities and appurtenances thereto, or any part thereof, including the break- ing of any part thereof and any leakage therefrom, or (2nd) resulting from or growing out of any failure of Licensee to comply with or perform any of the obligations, terms or provisions on Licensee's part to be complied with or performed. hereunder. Licensee further agrees to assume all risk of loss or damage to Drainage Facilities regardless of how caused; provided, however, the foregoing indemnification provisions. shall not apply to any claims, suits, damages, costs, losses and expenses for which Carrier shall have been compensated through insurance required of Licensee's contractors as per Section 6 hereof. 10. This agreement and all of the covenants and conditions hereof shall run with the land and inure' to or bind each party's successors and assigns. Either party he-Leto may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent or other default. 11. No right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. 12. Licensee, when returning this agreement to Carrier (signed), shall cause same to be accompanied by such order, resolution, or ordinance of the governing body of Licensee, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of Licensee with the power so to do, and further certifying that funds have been appropriated and are.avail- able for the payment of any costs herein agreed to be paid by Licensee. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. ATTEST: Assistant Secretary ATTEST: H. C. Greene, City Clerk - 4 - MISSOURI PACIFIC RAILROAD COMPANY By. ' Vice President CITY OF PARIS, PARIS, TEXAS By. James M. Brunette, Playor