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Permit No. CFVR 110216A Page 3 of 9 until CONTRACTOR has fulfilled the provisions of this agreement with respect to the removal of tools, equipment and materials from RAILROAD property.Said policy shall name RAILROAD as additional insured. 11. The permission herein given shall not be assigned by CONTRACTOR without the prior written consent of RAILROAD, except in the case of subcontractors who shall be deemed agents of CONTRACTOR, subject to the terms of this Agreement. RAILROAD Requirements for CONTRACTOR working on RAILROAD Right-of-Way are attached as CONTRACTOR OCCUPANCY/ACCESS AGREEMENT,Exhibit"B"and made a part hereof. Failure to comply with all of said requirements shall be grounds for cancellation of this Agreement at the sole option of RAILROAD. 12. CONSTRUCTION PROVISIONS:In relation to RAILROAD'S track and RAILROAD operations: a. CONTRACTOR warrants It Nvill place no bore pit closer than 25 feet from the end of the ties of the nearest track, as measured at right angles from said track; that all of the lines to be installed under RAILROAD'S track shall be a minimum of five feet six inches below the base of the rail; that carrier pipes)and/or wire lines sliall be encased in Steel Cashig Pipe in accordance with the attached CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit "D" casing criteria attached hereto; and that casing shall extend a nwthnum of 25 feet from the center line of the outside track on each side of said crossing,measured at a right angle to said track. b. CONTRACTOR shall be solely liable for location and protection of any sub-grade railroad signal wires or other railroad facilities,which may be impacted by CONTRACTOR WORK. If same shall be damaged by said WORK,Contractor shall,at its own expense,immediately cause said damage to be corrected. Contractor shall be solely liable to RAILROAD for any and all costs resulting for any interruption of train service resulting from CONTRACTOR WORK. c. Said provisions shall prevail over any lesser provision or standard set out for occupancy of adjoining or underlying lands. (This Section Intentionally Left Blank)