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To have and to hold said premises unto the Party of the Second <br /> Part, its successors and assigns, provided said track is constructed <br /> and maintained in accordance with the following expressed <br /> conditions: <br /> (1) The crossing and incidental street construction shall be <br /> constructed and maintained by the Party of the Second Part at its <br /> sole expense, in a good and workmanlike manner. <br /> (2) The Party of the Second Part agrees to maintain, at its <br /> sole expense, the right of way at and around said street crossings, <br /> free from grass, trees, bushes, shrubs, or other growing vegetation <br /> which may obstruct the view of the pedestrians or vehicle operator <br /> using said streets and to keep the right of way paved to the same <br /> height as adjoining pavement. <br /> S <br /> (3) The Party of the Second Part shall indemnify and save <br /> harmless the Party of the First Part from all liability for loss, <br /> damage or injury, including all expenses instant thereto, growing <br /> out of or caused by the construction, operation, and maintenance <br /> of said railroad track, and shall, on notice, conduct the defense <br /> of any actions therefor. <br /> (4) Nothing in this easement shad be construed so as to <br /> require the City of Batesville to replace any tracks it may damage <br /> should it be necessary to work on sewer or water lines existing <br /> in the street(s) or any other place where the tracks cross <br /> existing water or sewer easements. <br /> (5) This easement covers only that portion of the captioned <br /> description which crosses city streets. <br /> IN WITNESS WHEREOF, and in accordance withthe resolution <br /> heretofore adopted by the Batesville City Council, the Mayor and <br /> Clerk of the City of Batesville hereby set their hands and seals. <br /> Mayor <br /> clerri <br />