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<br />7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability for
<br />damage to or destruction of said Facility, and any other property of Permittee located on or near Burlington's
<br />premises, and shall and hereby assumes any and all liability for injury to or death of any and all persons whomsoever,
<br />including officers, employees, and agents of the parties hereto, and loss of or damage to property to whomsoever
<br />belonging, including property owned by, leased to, or in the care, custody, and control of the parties hereto, in any
<br />manner arising from or during the excavation for, construction, reconstruction, use, maintenance, repair, or removal
<br />of said Facility, however such injury, death, loss, damage, or destruction aforesaid may occur or be caused, and shall
<br />and hereby does indemnify and save harmless Burlington 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 injury,
<br />death, Toss, damage, or destruction aforesaid. Permittee further agrees to appear and defend in the name of
<br />Burlington any suits or actions at law brought against Burlington on account of any such personal injury or death,
<br />and loss and damage to or destruction of property, and to pay and satisfy any final judgment that may be rendered
<br />against Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY
<br />THE FACT, IF IT IS A FAR, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO
<br />BY THE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE TO THE FULLEST EXTENT
<br />PERMITTED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO
<br />ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR
<br />AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE STATE OR PROVINCE OF BRITISH COLUMBIA
<br />LAWS.
<br />8. Permittee shall nottransferorassignthisAgreementwithoutthewrittenconsentofBurlington.
<br />9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment.
<br />10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license
<br />and permission by giving to Permittee thirty (30) days written notice of its intention to cancel the same and at the
<br />expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the
<br />expiration thereof, Permittee, under the supervision and direction of the said General Manager, or his authorized
<br />representative, shall remove said Facility from the right-of-way of Burlington and restore the right-of-way and
<br />premises of Burlington in a manner and to such condition as shall be satisfactory to said General Manager. If
<br />Permittee fails to remove the Facility and restore said right-of-way to such condition within said thirty (30) day
<br />period, Burlington at its option may remove same and restore said right-of-way to its previous condition, and
<br />Permittee shall pay TO Burlington the cost and expense thereof.
<br />11. Upon any failure of Permittee to punctually and strictly observe and perform the covenants and promises
<br />made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten (10) days
<br />notice to Permittee, remove said Facility, and restore said right-of-way to its previous condition at the cost and
<br />expense of Permittee.
<br />12. In the event of Permittee's removal of the Facility from Burlington's premises, Permittee agrees to
<br />terminate said Agreement by notifying Burlington's General Manager in writing of Permittee's removal of facility
<br />and termination of said Agreement within thirty (30) days from date of removal of said Facility from Burlington's
<br />premises. Any notices given under the provisions of this Agreement shall be good if deposited postpaid in a United
<br />states post office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by
<br />Permittee.
<br />R/WOccupancyPermit
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