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2 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />F. If any property or rights other than the right hereby granted are necessary for the <br />construction, maintenance and use of the Roadway and its appurtenances, or for the <br />performance of any work in connection with the Project, the Political Body will acquire all <br />such other property and rights at its own expense and without expense to the Railroad. <br /> <br />SECTION 2. CONSTRUCTION OF ROADWAY <br /> <br />A. The Political Body, at its expense, will apply for and obtain all public authority <br />required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad <br />upon request with satisfactory evidence that such authority has been obtained. <br /> <br />B. Except as may be otherwise specifically provided herein, the Political Body, at its <br />expense, will furnish all necessary labor, material and equipment, and shall construct and <br />complete the Roadway and all appurtenances thereof. The appurtenances shall include, <br />without limitation, all necessary and proper highway warning devices (except those <br />installed by the Railroad within its right of way) and all necessary drainage facilities, guard <br />rails or barriers, and right of way fences between the Roadway and the railroad tracks. <br />Upon completion of the Project, the Political Body shall remove from the Railroad's <br />property all temporary structures and false work, and will leave the Crossing Area in a <br />condition satisfactory to the Railroad. <br /> <br />C. All construction work of the Political Body upon the Railroad's property (including, <br />but not limited to, construction of the Roadway and all appurtenances and all related and <br />incidental work) shall be performed and completed in a manner satisfactory to the <br />Assistant Vice President Engineering-Design of the Railroad or his authorized <br />representative and in compliance with the Plans, and other guidelines furnished by the <br />Railroad. <br /> <br />D. All construction work of the Political Body shall be performed diligently and <br />completed within a reasonable time. No part of the Project shall be suspended, <br />discontinued or unduly delayed without the Railroad's written consent, and subject to such <br />reasonable conditions as the Railroad may specify. It is understood that the Railroad's <br />tracks at and in the vicinity of the work will be in constant or frequent use during progress <br />of the work and that movement or stoppage of trains, engines or cars may cause delays <br />in the work of the Political Body. The Political Body hereby assumes the risk of any such <br />delays and agrees that no claims for damages on account of any delay shall be made <br />against the Railroad by the State and/or the Contractor. <br /> <br />SECTION 3. INJURY AND DAMAGE TO PROPERTY <br /> <br />If the Political Body, in the performance of any work contemplated by this <br />Agreement or by the failure to do or perform anything for which the Political Body is <br />responsible under the provisions of this Agreement, shall injure, damage or destroy any <br />property of the Railroad or of any other person lawfully occupying or using the property of <br />the Railroad, such property shall be replaced or repaired by the Political Body at the