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Public Highway At-Grade Crossing 03/01/13 <br />Standard Form Approved, AVP-Law <br /> <br /> <br /> <br /> <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />EXHIBIT D <br />TO <br />PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT <br /> <br /> <br />CONTRACTOR'S <br />RIGHT OF ENTRY AGREEMENT <br /> <br /> <br /> <br />THIS AGREEMENT is made and entered into as of the ______ day of _________________________, 20______, <br />by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and _________________ <br />________________________________________________, a ______________________ corporation ("Contractor"). <br /> <br />RECITALS: <br /> <br /> Contractor has been hired by ___________________________________________________ to perform work relating <br />to ________________________________________________________________________________________________ <br />__________________________________________________________________________________________________ <br />(the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost <br />__________ on Railroad's ______________________________ [Subdivision] [Branch] [at or near DOT No. _______] <br />located at or near ____________, in _______________ County, State of ______________, as such location is in the general <br />location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a <br />contract dated ___________________ between Railroad and ________________________________________________. <br /> <br /> Railroad is willing to permit Contractor to perform the work described above at the location described above subject to <br />the terms and conditions contained in this Agreement <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: <br /> <br />ARTICLE 1 - DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, <br />subcontractors, officers, agents and employees, and others acting under its or their authority. <br /> <br />ARTICLE 2 - RIGHT GRANTED; PURPOSE. <br /> <br />Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all <br />of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property <br />described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to <br />Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad <br />Representative named in Article 4. <br /> <br />ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. <br /> <br />The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of <br />this Agreement. <br /> <br />ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. <br /> <br /> A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or <br />any costs or expenses incurred by Railroad relating to this Agreement.