Laserfiche WebLink
ti <br />-~ <br />CO~~Ti R~~~' ~. 3 0 615 ~ <br />PERMISSION TO ENTER UPON PREMISES <br />THE DENVF7t AND RIO GRANDE WESTERN RAILROAD COMPANY, (hereinafter referred to <br />as the "Rio Grande"); hereby grants to SOMERSET MINING COMPANY, a Colorado <br />partnership with Bear Coal Company, Inc. acting ae managing partner, (hereinafter <br />referred to ea the "Undersigned"), the right and privilege to enter upon Ste <br />equipment, property, premises and right of way in connection with the relocation of <br />soil from Borrow Areas to Fill Areas ae shown on the attached Dwg. No. 5-1141A, <br />attached hereto and incorporated herein. Such relocation is being done to provide <br />subgrade for relocation of Rio Grande's main track and for future tracks to <br />accommodate the undersigned. <br />Undersigned shall bear and pay ell costa of protecting Rio Grande and the <br />railroad traffic made necessary or occasioned by Undersigned's operations under this <br />Agreement. Rio Grande will assign to the Undersigned, at the sole cost and expense <br />of the Undersigned, such switch tenders, flagmen, watchmen and other protective <br />services and devices, ae, in the Judgment of the Rio Grande's Chief Engineer are <br />required to insure the safety and continuity of any railroad traffic during <br />Undersigned's operatlone on or about Rio Grande's property. All flagging and <br />protective services shall be performed strictly in accordance with the directives <br />and instructions issued by Rlo Grande. <br />Undersigned shall notify the Chief Engineer of the Rio Grande in writing at <br />least seventy two (72) hours in advance of commencing any operations on Rio Grande's <br />property with respect to protective service or devices which will be required by Rio <br />Grande, and Undersigned agrees to use Rlo Grande's property and right of way and to <br />cross Rio Grande's tracks only in the manner, and at such times, and under such <br />protective measures as are designated by the Chief Engineer of Rio Grande. <br />In consideration of the permission herein granted by the RSo Grande and <br />without any other consideration whatever, the Undersigned hereby agrees to indemnify <br />and hold harmless the Rio Grande from and egalnst any and all liability, lose, <br />damage, claims, demands, actions, causes of action, coats and expense of whatsoever <br />nature growing out of SnJury to or death of persons whomsoever, including the <br />parties hereto, their officers, agents, servants and employees, or the loss or <br />destruction of or damage to property whatsoever of persons whomsoever, including the <br />parties hereto, their officers, agents, servants and employees, when each SnJury, <br />death, lose, damage or destruction results from or arises Sn any way 1n connection <br />with, or incident to the right, privilege and permission herein granted, provided, <br />however, that the foregoing agreement to indemnify and hold harmless shall not apply <br />to any liability, lose, damage, claim, demand, action, cause of action, coat or <br />expense resulting from the negligence or intentional misconduct of the Rio Grande, <br />its agents, servants or employees. <br />For the further protection of Rio Grande, the Undersigned, at the sole cost <br />and expense of Undersigned, shall procure, Sn a company or companies acceptable to <br />Rio Grande, and containing provisions acceptable to Rio Grande, the following <br />insurance protection covering all of undersigned's operatlone on the property of the <br />Rio Grande: <br />(1) Comprehensive General Liability (including automobile) providing for e <br />limit of not lees than 52,000,000 for all damages arising out of bodily <br />inJuries to or death of one person and eubJect to that limit for each <br />person, a total limit of 52,000,000 for all damages arising out of bodily <br />inJuries to or death of two or more persons in any one occurrence; and <br />Property Damage Liability Insurance providing for a limit of not lees <br />than 52,000,000 for all damages arising out of inJury to or destruction <br />of property in any one occurrence and eubJect to that limit per <br />