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' litigation, in thos%,.-ourts, and consent to service,.Oc process issued by such <br /> courts.. <br /> VIII. SPECIAL PROVISIONS. <br /> Developer shall pay, and Railroad shall accept, upon the execution and <br /> return of this instrument, the nonrefundable sum of $1,000.00 ( ONE THOUSAND <br /> DOLLARS) to cover Railroad's cost to prepare and administrate this agreement. <br /> Due to the fact that the work contemplated herein will not be <br /> performed on or near Railroad tracks or active Railraod operating property, the <br /> following provisions of the attached Exhibit "A" are hereby deleted: <br /> ° Sections 1 - The portion pertaining to flagging is deleted. <br /> ° Section 3 and 6 - Are deleted. <br /> All other terms and provisions of Exhibit "A" and remain in effect. <br /> Developer shall take steps to contain any contents of Railroad's <br /> diesel fuel line to insure that there is no possibility of leakage or spillage <br /> of same. After cutting and draining the fuel line, it shall be capped by the <br /> Developer to prevent the possibility of any of the contents of the diesel line <br /> leaking or otherwise escaping. <br /> After the Developer has accomplished the installation of it's <br /> sewer/storm drainage line though the intersection of 8th and Fresno Streets, <br /> Developer shall begin backfilling both lines (diesel fuel and sewer/storm), <br /> remove the caps from the diesel line and reinstall the segment of the 4 - inch <br /> line that was earlier removed, welding both joints and sealing and protecting <br /> the line from any possible leakage. <br /> Developer shall, at Licensee's sole cost and expense, competently <br /> perform or cause to be performed, a testing of the soil, both before and after <br /> the removal and reinstallation of the diesel fuel pipeline. In the event that <br /> there is evidence of contamination from diesel fuel, the Developer shall do <br /> whatever may be required to restore the area to a condition that is satisfactory <br /> to both the Railroad and whatever governmental agency(ies) that may have <br /> jurisdiction in matters of this nature. Copies of the results of all tests and <br /> analyses shall be furnished by Developer to Railroad: Union Pacific Railroad <br /> Company, c/o Mr. Bob Kuhn, Room 1000, 1416 Dodge Street, Omaha, NE 66179. <br /> DEVELOPER IS RESONSIBLE FOR ANY SPILLAGE OF ANY OF THE CONTEM OF <br /> RAILROAD'S DIESEL FUEL LINE DURING THE REMOVAL AND/OR REINSTALLATION PROCESS <br /> CONTEMPLATED HEREIN. <br /> Articles of Agreement <br /> Page 3 <br /> 0702n <br />