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I <br /> 5. Permittee shall at all times keep the flangeways of said crossing free and clear of all snow,dirt or <br /> any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing <br /> thereover or otherwise. <br /> 6. Permittee shall not permit said crossing to be used as a public crossing. <br /> 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said <br /> crossing which may interfere with the view of trains approaching in either direction. <br /> B. The permission hereby granted shall neither be or be deemed or construed to be a grant of land nor <br /> shall it constitute ownership by Permittee of the roadway or that portion of the right of way of Railroad <br /> upon which the roadway is located. . <br /> 9. Permittee shall and hereby does release and discharge Railroad of and from any and all liability for <br /> damage to or destruction of the said roadway, or any property of Permittee thereon; and shall and hereby <br /> does assume any and all liability for injury to or death of persons, or loss of or damage to property in any <br /> manner arising from or during the esw6i•cdeti9A, use, maintenance, repair or removal of said roadway, <br /> however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and <br /> hereby does indemnify and save harmless Railroad of and from any and all claims, demands, suits, actions, <br /> damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such <br /> injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the <br /> name of Railroad any suits or actions at law brought against it on account of any such personal injuries, <br /> death or damage to property, and to pay and satisfy any final judgment that may be rendered against the <br /> Railroad in any such suit or action. The liability assumed by Permittee herein shall not be affected or <br /> diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of <br /> negligence of Railroad, its officers, agents, servants or employees, or be contributed to by such negligence. <br /> M10. It is agreed that the provisions of paragraph 9 are for the equal protection of any other railroad <br /> company or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or <br /> hereafter granted the joint use of Railroad's property, of which said premises are a part. <br /> 11. In the event Railroad shall iequire the use of its premises occupied by the said roadway or any part <br /> thereof for any purpose whatsoever, or if Permittee shall fail to keep and perform any of the terms and <br /> conditions of this agreement herein agreed by Permittee to be kept and performed, Railroad shall have the <br /> right to terminate this agreement at any time upon giving to Permittee thirty (30) days' written notice of its <br /> intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said crossing <br /> and barricade said roadway at the cost and expense of Permittee. Said notice shall be good if served <br /> personally upon Permittee or posted upon the premises or deposited postpaid irta United States Post <br /> Office, alldf"ed to Permittee at Permittee's post office address above stated. No portion of any payments j <br /> made hereunder will be refunded upon termination of this agreement. <br /> 12. Permittee shall not assign or transfer this agreement without first having obtained the written <br /> consent of Railroad. <br /> 13. This agreement shall inure to the benefit of and be binding upon the parties hereto and their <br /> respective executors, administrators, successors, and assigns. <br /> i <br /> 14. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet <br /> enjoyment. <br /> l <br />