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• • <br /> ROE 920316 <br /> Form Approved,AVP-Law <br /> Article 10. SPECIAL PROVISION—RAILROAD FLAGMAN:WHEN REQUIRED;FLAGGING CHARGES. <br /> A. No work of any kind shall be performed, and no person, equipment, machinery,tool(s), <br /> material(s), vehicle(s), or things) shall be located,operated, placed, or stored within 25 feet of any of <br /> Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch <br /> for trains, pursuant to the terms of the attached Exhibit V. All expenses connected with the furnishing <br /> of said flagman shall be at the sole cost and expense of the Licensee,who shall promptly pay to Railroad <br /> all charges connected therewith,within 30 days after presentation of a bill therefore. <br /> B. One and one-half times the current hourly rate is paid for overtime, Saturdays and <br /> Sundays; two and one-half times current hourly rate for holidays. <br /> C. Wage rates are subject to change, at any time, by law or by agreement between the <br /> Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an <br /> authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage <br /> rate or additional charges are changed,the Licensee shall pay on the basis of the new rates and charges. <br /> D. Reimbursement to the Railroad will be required covering the full eight hour day during <br /> which any flagman is furnished, unless he can be assigned to other Railroad work during a portion of <br /> such day, in which event reimbursement will not be required for the portion of the day during which the <br /> flagman is engaged in other work. Reimbursement will also be required for any day not actually worked <br /> by said flagman following his assignment to work on the project for which the Railroad is required to pay <br /> the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such <br /> flagman to other work,even though the Licensee may not be working during such time. <br /> E. Arrangements for flagging are to be made at least Ten(10)days in advance of <br /> commencing work,with the Railroad Manager of Track Maintenance <br /> Article 13. LICENSEE SHALL FURNISH INFORMATION TO THE RAILROAD. <br /> Prior to entering Railroad's property, the Licensee shall also furnish to Railroad a copy of all <br /> correspondence (which shall remain a continuing obligation that includes all past and any future <br /> correspondence)with any regulatory agencies,or others,that may be involved in this project;a copy of <br /> a work plan and a location plan. Prior to the conclusion of this Agreement, the Licensee shall also <br /> furnish to the Railroad a copy of all boring logs, and all analytical results obtained hereunder;and advise <br /> the Railroad of any and all clean-up activities undertaken with respect to this project and the results and <br /> conclusion of same. All required information shall be directed to Union Pacific Railroad Company, c/o <br /> Mr.Joel Strafelda, 1400 Douglas Street,STOP 1030,Omaha,NE 68179-1030. <br /> IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed as of <br /> the date first herein written. <br /> UNION PACIFIC RAILROAD COMPANY TEXACO DOWNSTREAM PROPERTIES INC <br /> Federal Tcatperyer I.D. # 4-6001323 <br /> By: By: R�c <br /> Di for-Contracts Title: <br /> Exhibit s <br />