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5 '4- 8/5/74 JM-G It is further agreed between the parties hereto that Railroad, its successor assigns, lessees and licensees, may hereafter construct or install and thereafter main- tain, operate and renew any or all of the above- described facilities on the granted premises; provided,'however, no such facilities shall be constructed or installed on the granted premises hereinabove described which will materially interfere with the Licensee's use thereof as herein provided. All such facilities hereafter constructed or installed on the granted premises shall be constructed or installed in accordance with the applicable rules and regulations governing such construction or installation; provided further, however, the foregoing conditions for future constraction and in- stallation shall not apply to railroad tracks which Railroad, its successors and assigns, shall have the right to install, construct, maintain and operate on, over or under the granted premises at any and all times. 4. (a) Licensee, its successors and assigns, except as otherwise hereinafter provided, shall perform all the -work incident to establishing and maintaining the highway over Railroad's premises, including grading, drainage, drainage structures and paving, at Licensee's sole cost and expense. (b) Railroad shall furnish all labor, material, equipment and supervision for and shall install heavy -duty timber crossing, and reflectorized cross buck signs and whistle posts, all at Licensee's sole cost and expense. (c) Licensee expressly stipulates and agrees to reimburse Railroad for any and all sums expended by Railroad in carrying out Railroad's work set forth in Subsection (b) of this Section 4. (d) Licensee shall make its own arrangements with public utility companies, or others, for any necessary adjustment of any aerial or underground wire, cable or pipe line crossings at no expense to the Railroad. 5. Railroad assumes no liability for injury to or death of persons or loss of or damage to property arising or growing out of, or which may be due, in any manner, to or in connection with the Licensee's aforesaid use of said right of way lands. 6. Licensee hereby agrees to see that the work conducted by it or on its behalf hereunder on or about the affected premises is performed in such manner and at such times as not to delay, interfere with, or obstruct the safe passage of Rail- road's trains or the functioning of its signal and communication system, and as well not to damage any property of Railroad, its tenants or licensees. In the event of the occurrence of any such damage in or incident to the performance of Licensee's work hereunder, Licensee agrees to reimburse Railroad for all cost and expense in repairing or replacing any such property. .7. When in the opinion of Railroad the installation of flashing light signals at said public road crossing is considered necessary or desirable, or when Railroad is required to install such flashing light signals at crossing pursuant to any govern- mental authority, Licensee, for itself and its successors or assigns, hereby covenants and agrees to reimburse Railroad for any and all sums expended by Railroad in connectic with the furnishing, installing and maintenance of such flashing light signals. S. This agreement and all the covenants and provisions hereof shall insure to or bind each party's legal representatives, successors and assigns. - 2 -