MBTA License Agreement - Lexington Branch Segment (Bikeway)

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(2) 3 $ Us of Lexington agrees that it will use the line Licensed segment as a "bikeway". a way established Premises for the passage of b3.cycles without motive power, 4* Construction (1) (a) The within agreement shall become effe f f ec t � ve as a grant by MBTA and acceptance by Lexington of license when Lexington has caused construction of a bikeway within the premises to be completed and accepted he P P y Chief Engineer of Railroad Operations of MBTA (C*E*R&O.) in writin g as completed in accordance with plans for such construction previously approved by C. E. Re o o Construction of such bikeway and the lans an d approvals thereof ha P PP shal include removal of rails, ties, track and track appurtenances from the premises and the storage thereof at a location within Massachusetts as designated by C. E.R. C, (b) No construction shall be done in the line segment without prior written approval by C. E. R. o, to P lans submitted to MBTA by Lexington. Lexington may be g Y required to remove any construction not so approved. S. Maintenance Lexington shall at all times maintain t ' he line segment in good and safe condition and appearance, free from rubbish and obstructions. During the license term, MBTA shall have no responsibility whatsoever for maintenance repair, or the P condition of the line segment and Lexingto agrees that it will occupy the premises at its own expen and risk. 6. Condition of Line Segment MBTA hereby express d i s claims any warranties of any natur express or implied, as to the line s egment ' . and any other warranties of any nature, express, implied o otherwise, except as expressly set forth herein. Lessee accepts the l ine segment "as is". 7. Indemnification of MBTA Lexington shall in emn i fy and save MBTA harmless from and against any and all loss, costs, damage and expense (includ- ing , reasonable attorneys' expenses and fees) , causes of action, Suits, claims, demands or judgments of any nature whatsoever that may be imposed upon or incurred b or asserted against MBTA b reason of a Y g Y any o f the following occurrences during the term of this License: