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Public Road At -Grade Crossing Agreement ExB
<br />(V BUILDING AMERICA' Standard Form Approved, AVP -Law — 3/10/05
<br />b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and
<br />enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the
<br />Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public
<br />in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal
<br />occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work
<br />is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and
<br />enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political
<br />Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's
<br />fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided
<br />by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
<br />c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger,
<br />interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines,
<br />installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
<br />d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the
<br />Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be
<br />responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and
<br />supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by
<br />the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by
<br />compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the
<br />Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such
<br />representative for the safety and protection of the Railroad's property and operations.
<br />e) Suspension of Work. If at any time the Political Body's engineers or the Vice President -Engineering Services of the Railroad
<br />or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or
<br />prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until
<br />suitable, adequate and proper protective measures are adopted and provided.
<br />f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to
<br />slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the
<br />Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body.
<br />The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal
<br />from the Crossing Area.
<br />g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior
<br />consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's
<br />Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities.
<br />For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in
<br />such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or
<br />other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves
<br />the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives
<br />as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.
<br />h) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may
<br />create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the
<br />Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely
<br />affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and
<br />cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other
<br />work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's
<br />Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting
<br />from vibrations caused by the Railroad's operations in the vicinity.
<br />i) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the
<br />Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the
<br />Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams,
<br />bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage
<br />facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or
<br />caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall
<br />not obstruct or interfere with existing ditches or drainage facilities.
<br />Public Road At -Grade Crossing Agreement ExB Terms of Agreement Exhibit B
<br />Standard Form Approved, AVP -Law — 3/10/05 Page 3 of 4 To Public Road At -Grade Crossing Agreement
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