PERMFILE52860

• Permit No: C1985070
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 1 RIGHT OF ENTRY DOCUMENTS
• Media Type: D
• Archive: No

11. It is understood by the parties hereto that the Leased
Premises are in dangerous proximity to the tracks of the Lessor and
r-~ that by reason thereof there will be constant danger of injury and
~. damage by fire, and the Lessee accepts this lease subject to such
danger.
It is therefore agreed as ore of the material considerations
for this lease and without which the same would not be granted by the
Lessor, that the Lessee assumes all risk of loss or destruction of or
damage to any property, including without limiting the generality of
the foregoing cars and contents, of the Lessee or in the custody or
control of the Lessee upon the Leased Premises, and of or to any
property whatsoever brought thereon by any other person with the
knowledge or consent of the Lessee and of or to any. property whatso-
ever in proximity to the Leased Premises when connected with or in-
cidental to the occupation thereof, and any incidental loss or injury
to the business of the Lessee where such loss, damage, destruction or
injury is occasioned by fire caused by or resulting from the operation
of the railroad of the Lessor whether such fire be the result of de-
fective engines or of negligence on the part of the Lessor or of
negligence or misconduct on the part of any officer, servant or
employee of the Lessor or otherwise, and the Lessee hereby agrees to
indemnify and hold harmless the Lessor from and against all liability,
causes of action, claims or demands which any person may hereafter assert,
have claim or claim to have, arising out of or by reason of any such
loss, damage, destruction or injury, including any claim, cause of
action or demand which any insurer of any such property may at any time
assert or undertake to assert against the Lessor.
12. The Lessee assumes all risk of injury to or death of
persons whomsoever and all risk of or damage to or loss or destruction
of property whatsoever, including without limiting the generality of
the foregoing cars and contents, where such injury, death, damage,
loss or destruction arises in any way in connection with or incident
to the occupation or use of the Leased Premises during the life of
this agreement; and the Lessee hereby covenants and agrees to
indemnify and hold harmless the Lessor from and against any and all
liability, loss, damage, claims, demands, actions, causes of action,
costs and expenses of whatsoever nature including court costs and
attorneys fees, growing out of injury to or death of any person or
persons or damage to or loss or destruction of any property, includ-
ing without limiting the generality of the foregoing cars and con-
tents, where such injury, death, damage, loss or destruction arises
in any way in connection with or incident to the occupation or use
of the Leased Premises by or the presence thereon of the Lessee, its
officers, agents, employees or licensees.
13. This agreement may be terminated by either party upon
ten (10) days' written notice to the other party of intention to
terminate the same. Upon the termination of this agreement in any
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