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Contractor's Right of Entry Public Projects <br />Form Approved 06/01/2021 <br /> <br /> <br />2 <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 <br />Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this <br />agreement. <br /> <br /> B. Contractor shall coordinate all of its Work with the following Railroad representative or his or her <br />duly authorized representative (the "Railroad Representative"): <br /> <br /> ___________________________________ <br /> ___________________________________ <br /> ___________________________________ <br /> ___________________________________ <br /> <br /> C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed <br />by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit <br />B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work <br />shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, <br />or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad <br />Representative, or by compliance by Contractor with any requests or recommendations made by Railroad <br />Representative. <br /> <br />ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. <br /> <br /> The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the <br />Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement <br />and continue until this agreement is terminated as provided in this agreement or until the Contractor has <br />completed all Work on Railroad’s property. <br /> <br />ARTICLE 6 - TERM; TERMINATION. <br /> <br /> A. The grant of right herein made to Contractor shall commence on the date of this agreement, and <br />continue until __________________________, unless sooner terminated as herein provided, or at such time as <br />Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the <br />Railroad Representative in writing when it has completed its Work on Railroad's property. <br /> <br /> B. This agreement may be terminated by either party on ten (10) days written notice to the other <br />party. <br /> <br />ARTICLE 7 - CERTIFICATE OF INSURANCE. <br /> <br /> A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at <br />its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified <br />in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as <br />required under Section 12 of Exhibit B of this agreement. <br /> <br /> B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required <br />insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting <br />practices in the insurance industry. <br /> <br />C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance