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5 <br />by others, the detailed plans and specifications for the Project and the Structure and <br />submit such plans and specifications to the Railroad’s Assistant Vice President <br />Engineering-Design, or his authorized representative, for prior review and approval. The <br />plans and specifications shall include all Roadway layout specifications, cross sections <br />and elevations, associated drainage, and other appurtenances. <br /> <br />B. The final one hundred percent (100%) completed plans that are approved <br />in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized <br />representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a <br />part of this Agreement by reference. <br /> <br />C. No changes in the Plans shall be made unless the Railroad has consented <br />to such changes in writing. <br /> <br />D. The Railroad's review and approval of the Plans will in no way relieve the <br />Political Body or the Contractor from their responsibilities, obligations and/or liabilities <br />under this Agreement, and will be given with the understanding that the Railroad makes <br />no representations or warranty as to the validity, accuracy, legal compliance or <br />completeness of the Plans and that any reliance by the Polit ical Body or Contractor on <br />the Plans is at the risk of the Political Body and Contractor. <br /> <br />Section 9. 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 <br />Section 8. The Non Railroad Facilities plans and specifications shall comply with <br />Railroad's standard specifications and requirements, including, without limitation, <br />American Railway Engineering and Maintenance -of-Way Association ("AREMA") <br />standards and guidelines. Railroad has no obligation to supply additional land for any <br />Non Railroad Facilities and does not waive its right to assert preemption defenses, <br />challenge the right-to-take, or pursue compensation in any condemnation action, <br />regardless if the submitted Non Railroad Facilities plans and specifications comply with <br />Railroad's standard specifications and requirements. Railroad has no obligation to permit <br />any Non Railroad Facilities to be 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