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Permil No. CFVR 110216A Page 8 of 9 CONTRACTOR OCCUPANCY/ACCESS AGREENIENT EXHIBIT"C" Statement of Conditions when Flagmen,Protective Services and Devices or other appropriate personnel will be furnished by RAILROAD at sole expense of CONTRACTOR: A. RAILROAD flagmen will be required for,but not limited to,the following conditions: 1. When,in the sole opinion of RAILROAD,protection is necessary to safeguard RAILROAD'S trains,engines, facilities and property. 2. When work is performed,in any way,over,under,or in close proximity to tracks or any RAILROAD facilities. 3. When work in any way interferes with the operation of trains at usual speeds or threatens,damages,or endangers track or RAILROAD facilities. 4. When any hazard is presented RAILROAD communications,signal,electrical,or other facilities due to persons, material,equipment,or blasting in the vicinity. 5. When and where material is being hauled across tracks. Provided,however,special clearance must be obtained from RAILROAD before moving heavy or cumbersome objects and equipment which might result in making the track impassable for any period of time. B. Protective Services and Devices,Other Specialized Personnel shall be provided when,in the sole opinion of RAILROAD, such are necessary in addition to flagging. COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES A. Flagging-effective May 15,2009 1. Shall be billed a minimum of actual cost(please verify rates with the RAILROAD office)per day plus any expenses incurred for each flagman required,for each day,or for any portion thereof,for up to eight hours in one shift Monday through Friday,excepting holidays recognized by RAILROAD in its personnel policy manual. 2. Time worked in excess of eight hours in one shift Monday through Friday,or worked in any amount on Saturday, Sunday and on holidays recognized by RAILROAD in its personnel policy manual,shall be billed at the rate of actual cost(please verify rates with the RAILROAD office)per eight-hour day,per flagman required,for each day or portion thereof worked. B. Communications Linemen,Signalmen,Protective Services and Devices All services required shall be billed at RAILROAD'S contracted rate with service provider plus a 20 percent RAILROAD administrative fee.