Railway Association of Canada, and material handling cost as may be
currently applicable on the Railway Company.

4. As directed by the Railway Company or required by the
applicable Agency Order, that the Applicant at its own expense
Shall install and maintain at locations satisfactory to the Railway
Company, signs prominently marking the said works and their distance
underground.

5. That the work of construction, renewal and repair of the said
works shall be subject to the supervision of a representative of the
Railway Company whose instructions shall be strictly followed and
whose wages and expenses shal]. be paid by the Applicant, but the
Applicant shall not thereby be relieved from any of its obligations
under this Agreement. The Applicant shall give to the local
Superintendent of the Railway Company at least forty-eight hours’
notice in writing of intention to do such work, which notice
period shall not be deemed to include, Saturdays, Sundays, and
statutory holidays. When construction, renewal or repairs have been
completed, the property of the Railway Company shall be restored by
the Applicant to its former condition, and the Applicant shall at all
times maintain the said works in good order and condition and to the
entire satisfaction of the Railway Company.

6. That the Applicant shall at all times wholly indemnify thé
Railway Company from and against all loss, costs, damage, injury and
expense to which the Railway Company may be put by reason of any
injury or damage to persons or property caused by the said works or
by any substance being carried in the said works or by any works
herein provided for, or by the imprudence, neglect or want of skill
of the employees or agents of the Applicant in connection with the
laying, maintenance, renewal, repair, moving, altering or removal of
the said works, or the use thereof, unless the cause of such loss,
costs, damage, injury or expense can be traced elsewhere, the burden
of proof whereof shall be upon the Applicant.

7. That subject to and in conformity with any rules or
regulations now or hereafter in force governing railway employees, or
the operation of railways, the Applicant and the agents and employees
of the Applicant shall have the right to enter upon the lands of the
Railway Company at such times as may be necessary for the purpose of
the construction, maintenance, inspection, removal and repair of the
said works herein contemplated; and that all persons so entering upon
the lands of the Railway Company shall assume all risks of and the
Railway Company shall not be liable for any injury (including injury
resulting in death), loss, damage or expense to such person or his
property while on the lands of the Railway Company, and the Applicant
shall indemnify and save harmless the Railway Company against all
claims and demands arising or resulting from any injury (including
injury resulting in death), loss, damage or expense in connection
therewith.

8. That if at any time during the continuance of this agreement
the Applicant shall neglect to do such work of repair or maintenance
as in the opinion of the Railway Company is necessary, the Railway
Company may carry out SUC RA Wer9 G PDair or maintenance itself as

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