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<br /> <br /> <br /> <br /> <br /> <br />EXHIBIT "C-1" <br /> <br />Agreement Between <br />BNSF RAILWAY COMPANY <br />and the <br />CONTRACTOR <br /> <br />Railway File: <br /> <br />Agency Project: <br /> <br /> <br /> (hereinafter called “Contractor”), has entered into an agreement (hereinafter called <br />“Agreement”) dated _, 201_, with The City of Elk River for the performance of certain <br />work in connection with the following project: 171st St Crossing Surface Rehab. Performance of such <br />work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called <br />"Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides <br />that no work will be commenced within Railway Property until the Contractor employed in connection <br />with said work for The City of Elk River (i) executes and delivers to Railway an Agreement in the form <br />hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and <br />Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, <br />President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that <br />the signatory is empowered to execute this Agreement on behalf of Contractor. <br /> <br />Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway <br />Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, <br />has agreed and does hereby agree with Railway as follows: <br /> <br /> <br />1) RELEASE OF LIABILITY AND INDEMNITY <br />Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all <br />judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or <br />death to all persons, including Railway's and Contractor's officers and employees, and for loss <br />and damage to property belonging to any person, arising in any manner from Contractor's or <br />any of Contractor's subcontractors' acts or omissions or any work performed on or about <br />Railway’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL <br />NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, <br />DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE <br />NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, <br />EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE <br />INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY.