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e' .!Orin ApprOvCd, AVP-Law
<br /> ExHiB11 A
<br /> Sec r ion 1, NOf IC`pF tO�MEMCENIENi Oi kgRK FLAGGING.
<br /> Me licensee
<br /> comnencin it agrees to notify the Railroad Representative at least 48 hours +n
<br /> person or g 5 work and at least 24 hours in advance of proposed rfo advance of licensee
<br /> a'sui as,vnl will be within 25 feet of any track or will ruante o/ any work by, the licensee in wh;cR arJ
<br /> notice, t (Such a5, but not limited t0, a crane boom) loll reach to within 2S feet of any track. Upon receipt of s4.
<br /> + near enough to any track that any equipment
<br /> notice, the Railroad Representative will determine and inform the Licen
<br /> whether the licensee need, implement an see whether a flSit
<br /> prorect;ve or safety measures are yspecial pr Otective or safers. nW be present and
<br /> performed by t y vices eil a any n or other special
<br /> tAe understanding that if;jtAe Railroad provides a y�flar ice, orcothervotes will be ovany of its res gg nq Licensee's expense w,
<br /> responsibilities Or liabilities set forth herein. Services the "tens" shall not be re11eveC.of
<br /> Section 2. L 114 I TA T I Olt Un: St180R0 I IIIA T I ON OF R I GN 1 S GRJW rE 0.
<br /> (a) rhe forego; grant of right is subject and subordinate t0 the
<br /> the Railroad to use and maintain its entire prior olid continuing right and obl ;gat;on c .
<br /> maintain, repair, renew, use, operate the propert� including the r'?ht and power of the Railroad to construct
<br /> Tiber optics, or other wirel+nes, +pelinesgandmotMr faci'locateurai r� tracks, roadways,i;sig9nal, canttun;cat�on,
<br /> Property. ail or any of which may L freely done at any time or times�baltfie across any or all parts of its
<br /> Licensee or to any other party for compensation or datnageS, y Railroad without liability to the
<br /> �o ng grant(b) the fpr + rant is also subject to all outstanding su rior rights (including those in favor of
<br /> licensees and lessees of the Railroad•; ng
<br /> �, and is made without covenant of titleorrtforaquiethenjoymentf right of the Railroad to renew and extend the i
<br /> Section S. NO INTERFERENCfillrllTH RAILPILA I CIPERATION,
<br /> No work
<br /> use of the tracks performed1by licensee shall cause any interference with the constant, continuous and uninterrupted
<br /> property and facilities of the Railroad its lessees, licensees or others, unless s I
<br /> permitted under this agreement, or Specifically authorized in advance Dy the Railroad Reprasentative. fb+fhcally
<br /> be done or suffered to be done by the licensee at any time that would in any manner inparr the safety thereof. Wen
<br /> not in y p f. WII
<br /> use Licensees machinery and materials shall be kept at least 50 feet from tM centerline of Railroad's
<br /> nearest track, and there shall be no Crossings of Railroad's tracks except at exiSti Open }
<br /> Section a. PERMITS. ng Ae public crossings.
<br /> Prior to inni
<br /> perform any work contemplat�t�d�aby tthis,agreement�s�' at its sole expense, shall obtain all necessary permits to �
<br /> k
<br /> Section 5• MECHANIC'S LIEMS
<br /> The Licensee shaldin furl all '
<br /> perfOrme1 by Licensee. The Licensee ShalI, nptprermitwor perform
<br /> any meche ic'pros�or materialmBn�S1I Bnsoof BnrDkird or
<br /> nature to Dr enforced against any property of the Railroad for any such work performed. The Licensee shall rode,.fr
<br /> and hold harmless toe Railroad from and against any and all Liens, claims, demands, costs or expenses Of rhatsoerer
<br /> nature on any ,ray connected with or growing out of Such work done, labs performed, or materials furnished.
<br /> Section 6. FIBER OPTIC CABLE€ SYStEI1S.
<br /> If fiber optic cable is buried anywhere on the Railroad
<br /> telephone the teleconrtxtnications c y premises to be used by Licensee, the Licensee will
<br /> relocation or others (ie5) involved, arrange for a cable locator and Hake arrangements for
<br /> Pr of the fiber optic cable prior to inni
<br /> addition to the liability terns elsewhere in this r n9 any work on Railroad's pr anises. In
<br /> harmless against and from all-coSt, liability and expert enrhatsMoevere{i l +I i M ify and hold the Railroad
<br /> and court costs and exiled/oS) `aris+Ag out of or in any way contributed to by any acwithout Olimitation,tattircenseefees
<br /> subcontractor, agents and/or employees, that causes or in any ray or degree contributes to (I) any damage ce or
<br /> destruct'ion of any telly 'TWAiCationS System by the Licensee and/or its Subcontractor, a ents and/or
<br /> Railroad's property, (2) any injury to or death of an
<br /> company and/or its contractor,l y person o9nplpreQ by or on behalf o� any teleeartrrr,;nitdeeoSnson
<br /> for alleged loss of profits or., revenueaby,or ossyofsserviceby a customermror user of, suchyteiecomrmoirnrceteonf act on
<br /> convany(tes).
<br /> Section 7. C�L I AIfC
<br /> f IM,,H LAI+;.
<br /> federal, SIn tatethe
<br /> andr�aa�tlawnrsoFregulhe ati0nS0anC�ndCtmenlsby this aaffeCtitt, the the rork�s� shall comply with -all only
<br /> S cat e
<br /> as are consistent with safety, Nboth as concerns the Licensee, the licensee's a the
<br /> and semployees; theee shall use noffste•s. �5
<br /> agents, emplovees and property,of the Railroad and the ��!
<br /> public in general, The i'Censee (without limiting the ;
<br /> fahibit A
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