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Contractor's Right of Entry Public Projects Form Approved 06/01/2021 1 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated ___________________ between Railroad and _____________________________________. Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.