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FORM 2 2 0 7 Operation. Deposit. Upon the completion of the construction o f the Track the Eailroad Company shall operate the same for the term of this agreement, subject to, and to the extent as contemplated by, lawful tariffs applicable thereto, with the understanding, however, that the Eailroad Company shall not be obligated to operate the Track i f it shall be prevented or hindered from so doing by acts of God, public authority, strikes, riots, labor disputes, or bv anv cause beyond its control. -s -? J Section 3. Before any construction is begun, the Industry shall deposit with the Eailroad Company ? ( j ) ttn mm nf .. ...........j'Vi’j , , . . . ......................................................... dollars ($ ........... _............... ), being the estimated amount,of the cost .of. tlyi) (inii«Tiim llilll ITjT Hm Eailroad Com­pany o f that portion o f the Track between the switch pointjnjd-the-cteSFanc^oint within the right of way of the Eailroad Company, which amount shall b fijef«Bded~~Eo~the Industry at the rate of two dollars ($2.00) for each car o f carload freight_x ipldinir~rg5E~Eaul revenue to the Eailroad Company delivered on or shipped from tlle Tra.clr dwriim i lm |. 0f three (3 ) years next ensuing after the date of completion o f the Track unless S8II8fiat8 amount of such refund payments shall noonor oqual the- said amount, -and*- (b ) the sum o f .. S i x t e e n - - h u n d r e d - - s e v e n t y • - a n d • n o / 1 0 0 — ---------------- -- --------- dollars (^ ..© !^ © .«D Q . . . , ) , being the estimated amount o f that portion o f the cost incident to the construction o f the Track by the Eailroad Company which the Industry is to bear as herein provided* uniting in all to . . . ... Payment o f Bills. Definition o f Cost. Expense for Privilege. Ownership o f Track. dollnto ($.1 ................),. I f the actual amount shall prove to be more or less than the estimated amount, the difference shall be promptly paid by the Industry or refunded by the Eailroad Company as the case may be. Biils for expense properly chargeable to the Industry, other than that for which the above mentioned deposit is made, shall be paid by the Industry within thirty (30) days after presentation by the Eailroad Company. Section 4. “ Cost’* fo r the purpose o f this agreement shall be all assignable costs, plug'10% (oxoopt on value O f srpcnnrj.hg-nS m a to -r ia l. cT.a „ f u l l t a r i f f f r e i g h t „ „ Tr.ot.XioT>, t o Z r . ™ * oTo,v,oT,tp eaponoo not-capable-of-esact SBCPrtninrriPTit-J la teria k sh all be charged at its current value when and where usedT ^ Section . , 5. The Industry shall pay all compensation and assessments required at any time by any munici-thfe Track” 116 aU™ 0rlt75 eor? oratio,?» finrt or Perton for tIie privilege o f constructing, maintaining and operating . Section 6. The Eailroad Company shall own aH that portion of the Track located within the limits o f its right or way and within Abe limits o f any public streets and/or alleys where the strip of land occupied bv the track in such streets and/or alleys forms one continuous area with the right o f w ay o f the Eailroad Company: but, upon the discontinuance of the use of- the Track for handling shipments to and. from the Industry, the E a ii road Company shaH pay to the Industry the then salvage value o f the usable material originally paid for by the Industry contained in that part o f the Track owned by the Railroad Company beyond the clearance point, less the cost o f recovering it. • * ’ The portion of the Track to be owned by ttie Eailroad Company is indicated by . . . ......................... line between points' marked. . . The. remainder of the Track -any Eight o f Eail- , Section road Company Industry, to use. dad.- -B.............• -°n Exhibit A, y); shall be owned by the Industry. The Eailroad Company shall have the right to use the Track when not to the detriment of the Clearances. Liability. Section 8. 'N o building, platform or other structure shall be erected or maintained and no material or ob-struction o f any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8 ) feet I n ( 6).^n?he,s tbe center line o f the Track; PEO VID ED , however, that in the case o f platforms not higher than four (4 ) feet above the top o f the rail a minimum clearance o f seven (7 ) feet three (3 ) inches from the center line of the Track w ill be permitted; and PEO VID ED further that along and. adjacent to, and for one car length of the Track haying a curvature greater than ten (10) degrees tie" clearances hereinbefore provided shall, with reference to platforms four (4 ) feet or less in height, be increased horizontally six (6 ) inches ana with reference to all buildings, platforms, structures and other obstructions greater than four K v f feet in height, shall be increased horizontally one (1 ) foot; and PEO VID ED further that i f -by statute or order o f com­petent Public authority greater clearances shall be required than those provided fo r in this Section 8, then the Industry shall strictly comply with such statute or order. A ll doors, windows or gates shall be of the sliding type or-shaH open toward the inside o f the building or enclosure when such building or enclosure is so located that the prescribed’ Wind0WS or gates l f °Pening outward, would, when opened, impair the clearances in this section The Industry shall not locate or permit the location or erection of-any beams, pipes, wires or other obstruc­tions over or under the Track without the written consent of the |Eailroad Company. t j fls ite S *s understood that the movement o f railroad locomotives involves some risk of fire, and the Industry tSsumes all responsibility fo r and agrees to indemnify the Eailroad Company against loss or damage to property o f the Industry or to property upon its premises, regardless o f the Eailroad Company’s negligence, arming from fire caused by locomotives operated by the Eailroad Company on the Track, or in its vicinity, for the purpose o f serving the Industry, except to the premises o f the Eailroad Company and to rolling stock belonging to the Bail-road Company or to others, and to shipments in the course o f transportation. The Industry also agrees to indemnify and hold harmless the Eailroad .OSmpafi'V- fo f loss, damage or iniurv I W 1 aet i°r omissl° 11 o f ^he Industry, its employees or agents, to the person or property o f the parties hereto a W agent1s’ .and to the person or property of any other person or Corporation, while on or na«lto0™ » T f di-l f av y °}aiT o r] iablllty other than from fire shall arise from the joint or concurring equally by the p^rties'Tt toult! ( ° r ° f tW° 01 ° f th®m i f tllere be more than tw0)> shall be borne ? Subdivision (a ) is to be disregarde that portion o f the Track between 0 9 9 is provided in Section 2 that the Eailroad -itch point and the clearance point. tt (any shall construct at its expense Section 15. The Industry may erect a gate across the Track at a point approximately 155 feet from point of switch on the s property of the Industry as indicated by purple line on Exhibit A . The Railroad Company is willing to and does hereby grant to the Industry permission to maintain and operate said gate over the tracks and in the location aforesaid upon the following terms and conditions, which the Industry covenants and agrees to observe, keep and perform: (a) Said gate shall be supplied with Union Pacific standard padlock, as well as private padlock of Industry's choioe, so as to permit access by the Railroad Company's train crews for the purpose of switching cars on said tracks. (b) Industry agrees to hold Los Angeles & Salt Lake Railroad Company and Union Pacific Railroad Company harmless against any claim or demand on the part of any person whomsoever, in­cluding Industry, by reason of loss of or damage to (including theft) property belonging to Industry, or belonging to others and located within the premises of Industry's plant, whether such loss, damage or theft be caused by train crews leaving said gate open or unlocked or otherwise, it being understood that no responsibility or liability shall result to said companies, or to employees of them, or either of them, by reason of failure to close or lock said gate. (c) Industry agrees to hold Los Angeles & Salt Lake Railroad Company and Union Pacific Railroad Company harmless against any claim or demand on the part of any person whomsoever, including employees of said companies, by reason of injury to persons or death resulting from or in any way connected with the erection and maintenance of said gate. (d) Industry agrees to maintain said gate in full compliance with the orders and regulations of the Nevada Public Service Commission or of any other governmental body having jurisdiction.