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public utility within the City by purchase, condemnation, or otherwise, shall <br />exclude the value of any franchise. <br />Section Io. In the event that BURLINGTON NORTHERN RAILROAD COMPANY ar <br />its officers, agents or employees shall damage or cause harm to any property <br />owned by the City, BURLINGTON NORTHERN RAILROAD COMPANY sha11, at the sole <br />option of the City, repair, replace, or reimburse the City of Eugene for the <br />cost of repair for such property. The City of Eugene shall not be responsi- <br />ble far any damage to BURLINGTON NORTHERN RAILROAD COMPANY property by any <br />third person or resulting from natural or unknown causes. BURLINGTON NORTH- <br />ERN RAILROAD COMPANY sha11 `indemnify and hold the City and its officers, <br />agents and employees harmless from and against all claims, actions, liabili- <br />ties, costs, including attorney fees and other cysts of defense or appeal <br />arising out of or in any way related to operations made possible as a result <br />of this franchise. <br />Passed by the City Council <br />This ~~'-'~ day of ~~~-, 19 q/. <br />Approved by the Mayor <br />Thi s ~ may of % ~- , 19 9/. <br />~' r <br />L~~'~~ity Recorder <br />Mayor <br />