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Public Higlrrray Crossing OS/] 3/O 1
<br />Stamdard Form Approved, AVP-Law
<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 Bodes ovm 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
<br />removal from the Crossing Area.
<br />g) losives. 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
<br />facilities. For the purposes hereof,-the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's
<br />properly or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's
<br />employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's properly. The
<br />Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security
<br />and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In
<br />addition to any conditions, restrictions or limitations as may be specifically imposed:
<br />1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the Political Body shall provide no less than
<br />48 hours' notice, excluding weekends and holidays, before discharging any explosives.
<br />2) .Any explosives loaded in holes or placed or otheiv~ise readied for discharge on a day shall be discharged on the same
<br />day during daylight hours, and at mutually acceptable times.
<br />3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters
<br />necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or
<br />any transportation, handling, storage, security or use of explosives.
<br />4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner
<br />satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without
<br />limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction,
<br />29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration
<br />Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H - "Hazardous Materials".
<br />h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view
<br />along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures
<br />thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the
<br />Political Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully
<br />perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal, If the crossing is
<br />not equipped with automatic train activated warning devices with gate arms:
<br />1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the
<br />view of approaching motorists to approaching trcuns is not obstructed by weeds or vegetation; and
<br />2) Insofar as it may lawfully may do so, the Political Body will not permit non-ponies to construct sight obstructing buildings
<br />or other permanent structures on property adjacent to the right-of-way.
<br />i) 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
<br />adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring
<br />and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or
<br />other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the
<br />Railroad's Vice President-Engineering Services 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 />H:~DATA~F'avoriteslAgreement Forms~Road Crossing Page 4 Exhibit B
<br />Forms~Public Road Crossing Agreement.doc
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