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g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />under this Agreement, and will be given with the understanding that the Railroad makes no <br />representations or warranty as to the validity, accuracy, legal compliance or completeness <br />of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the <br />risk of the Political Body and Contractor. <br /> <br />Section 10. NON-RAILROAD IMPROVEMENTS <br /> <br /> A. Submittal of plans and specifications for protecting, encasing, reinforcing, <br />relocation, replacing, removing and abandoning in place all non-railroad owned facilities <br />(the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, <br />fiber optics, pipelines, wirelines, communication lines and fences is required under Section <br />8. The Non Railroad Facilities plans and specifications shall comply with Railroad's <br />standard specifications and requirements, including, without limitation, American Railway <br />Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. <br />Railroad has no obligation to supply additional land for any Non Railroad Facilities and <br />does not waive its right to assert preemption defenses, challenge the right-to-take, or <br />pursue compensation in any condemnation action, regardless if the submitted Non <br />Railroad Facilities plans and specifications comply with Railroad's standard specifications <br />and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be <br />abandoned in place or relocated on Railroad's property. <br /> <br /> B. Upon Railroad's approval of submitted Non Railroad Facilities plans and <br />specifications, Railroad will attempt to incorporate them into new agreements or <br />supplements of existing agreements with Non Railroad Facilities owners or operators. <br />Railroad may use its standard terms and conditions, including, without limitation, its <br />standard license fee and administrative charges when requiring supplements or new <br />agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence <br />before a supplement or new agreement has been fully executed by Railroad and the Non <br />Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree <br />in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be <br />Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, <br />and (iii) supplement this Agreement with terms and conditions covering the Non Railroad <br />Facilities. <br /> <br />Section 11. EFFECTIVE DATE; TERM; TERMINATION <br /> <br />A. This Agreement is effective as of the Effective Date first herein written and <br />shall continue in full force and effect for as long as the Roadway remains on the Railroad’s <br />property. <br /> <br />B. The Railroad, if it so elects, may terminate this Agreement effective upon <br />delivery of written notice to the Political Body in the event the Political Body does not <br />commence construction on the portion of the Project located on the Railroad’s property <br />within twelve (12) months from the Effective Date. <br /> <br />C. If the Agreement is terminated as provided above, or for any other reason,