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Senator Dockery moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 2254-2335

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and insert:

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     (a) Assume the obligation by contract to forever protect,

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defend, indemnify, and hold harmless the freight rail operator,

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or its successors, from whom the department has acquired a real

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property interest in the rail corridor, and the freight rail

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operator's officers, agents, and employees, from and against any

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liability, cost, or expense, including, but not limited to,

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commuter rail passengers, rail corridor invitees, or trespassers

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in the rail corridor, to the extent the loss, damage,

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destruction, injury, or death giving rise to such liability,

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cost, or expense is caused by the fault, failure, negligence,

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misconduct, nonfeasance, or misfeasance of the department, its

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successors, or its agents and employees, if such contractual duty

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to protect, defend, indemnify, and hold harmless such freight

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rail operator shall expressly: include a specific cap on the

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amount of the

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 150 and 151

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and insert:

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a railroad company under certain conditions;

4/30/2008  10:55:00 AM     15-09161B-08