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<br /> Public Highway Crossing 08/13/01
<br /> Standard Form Approved, A VP-Law
<br /> to ¿ 'morro with the change of grade of the trackage.
<br /> SECTION 7 - REARRANGEMENT OF WARNING DEVICES
<br /> If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on
<br /> account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between
<br /> themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.
<br /> SECTION 8 - SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS
<br /> It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
<br /> importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be
<br /> prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe marmer
<br /> and in conformity with the following standards:
<br /> a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors,
<br /> officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political
<br /> Body shall include work both within and outside of railroad property.
<br /> b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments
<br /> affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the
<br /> Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The
<br /> Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and
<br /> health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's
<br /> premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty,
<br /> cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Railroad
<br /> for any such fine, penalty, cost. or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further
<br /> agrees in the event of any such action, upon notice thereof being provided by the Railroad. to defend such action free of cost. charge.
<br /> or expense to the Railroad.
<br /> c) No Interference or Delavs. The Political Body shall not do. suffer or permit anything which will or may obstruct. endanger. interfere
<br /> with. hinder or delay maintenance or operation of the Railroad's tracks or facilities. or any communication or signal lines, installations
<br /> or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
<br /> d) Supervision. The Political Body. at its own expense, shall adequately police and supervise all work to be performed by the Political
<br /> Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible.
<br /> or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the
<br /> Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's
<br /> collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the
<br /> Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to
<br /> the Project. the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety
<br /> and protection of the Railroad's property and operations.
<br /> e) Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their
<br /> respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without
<br /> due regard and precaution for safety and security, the Political Body shall inm1ediate1y suspend the work until suitable, adequate and
<br /> proper protective measures are adopted and provided.
<br /> f} Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon. or to slide
<br /> or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's
<br /> property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body
<br /> shall not cause. suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
<br /> g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior
<br /> consent of the Railroad's Vice President-Engineering Services. which shall not be given if, in the sole discretion of the Railroad's Vice
<br /> President-Engineering Services. such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the
<br /> purposes hereof. the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close
<br /> proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or
<br /> cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reseIVes the right to impose
<br /> such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the
<br /> Railroad's sole discretion. may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations
<br /> as may be specifically imposed:
<br /> Page 3 Exhibit B
<br /> To New Public Highway Crossing Agreement
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