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<br />D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the <br />grade even with the adjacent surface of the ground. <br /> <br />E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all <br />necessary permits and shall comply with all applicable federal, state and local laws, regulations <br />and enactments affecting the work including, without limitation, all applicable Federal Railroad <br />Administration regulations. <br /> <br />Section 3. <br /> <br />NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE <br />/ SUPERVISION / FLAGGING / SAFETY. <br /> <br />A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much <br />notice as practicable to Licensor before commencing any work. In all other situations, the <br />Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may <br />allow) in advance of the commencement of any work upon property of the Licensor in connection <br />with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or <br />removal of the Pipeline. All such work shall be prosecuted diligently to completion. The <br />Licensee will coordinate its initial, and any subsequent work with the following employee of <br />Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or <br />"Railroad Representative"): <br /> <br />KEVIN FITZGERALD, MTM <br />UNION PACIFIC RAILROAD <br />37950 CENTRAL CT #B <br />NEWARK CA 94560 <br />(510) 468-3674 <br />(402) 997-3216 Fax <br /> <br />B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The <br />responsibility of Licensee for safe conduct and adequate policing and supervision of work shall <br />not be lessened or otherwise affected by Licensor's approval of plans and specifications involving <br />the work, or by Licensor's collaboration in performance of any work, or by the presence at the <br />work site of a Licensor Representative, or by compliance by Licensee with any requests or <br />recommendations made by the Licensor Representative. <br /> <br />C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who <br />fails to conform to the instructions of the Licensor Representative in connection with the work on <br />Licensor's property. Licensee shall indemnify Licensor against any claims arising from the <br />removal of any such employee from Licensor's property. <br /> <br />D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of <br />proposed performance of any work in which any person or equipment will be within twenty-five <br />(25) feet of any track, or will be near enough to any track that any equipment extension (such as, <br />but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work <br />of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), <br />vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of <br />any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is <br />provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor <br />Representative will determine and inform Licensor whether a flagman need be present and <br /> <br />