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<br />923792.1
<br />clearance is less than 22’-6” above top of rail, Railroad shall have the option of installing tell-tales
<br />or other protective devices Railroad deems necessary for protection of Railroad trainmen or
<br />traffic. Licensee shall notify the Railroad in writing, at least twenty-five (25) calendar days, but no
<br />more than forty (40) calendar days, in advance of the starting date of installing temporary work
<br />with less than permanent clearances established above for approval as provided herein.
<br />(h) Open Holes. Any open holes shall be satisfactorily covered at all times when
<br />Licensee’s forces are not physically working in the vicinity. Upon completion of work, all holes
<br />will be filled in to meet the surrounding ground level with clean, compacted, earthen material and
<br />the property left in a neat and safe condition reasonably satisfactory to Railroad.
<br />(i) No Crossing of Tracks. Licensee shall not be permitted to cross Railroad’s
<br />tracks located on or adjacent to the Property without Railroad’s prior written approval, which may
<br />be conditioned on such terms as Railroad deems appropriate. Absent such approval, Licensee’s
<br />access shall be by use only of designated public streets or crossings.
<br />(j) Payments and Liens. With respect to the Work, Licensee shall fully pay for all
<br />materials joined or affixed to the Property, and shall pay in full all persons who perform labor on
<br />or deliver materials to the Property. As Railroad is a public entity, its property is not subject to
<br />mechanics’ or materialmen’s liens, and nothing in this License shall be construed to make its
<br />property subject to such liens. Nevertheless, if any stop notice claims, mechanics’ or
<br />materialmen’s liens of any kind are filed, Licensee shall immediately remove them at Licensee’s
<br />own expense, and shall pay any judgment which may be entered. Should Licensee fail, neglect,
<br />or refuse so to do, Railroad, after 48 hours prior written notice to Licensee, shall have the right to
<br />pay any amount required to release any such liens, or to defend any action brought, and to pay
<br />any judgment entered. Licensee shall be liable to Railroad for all costs, damages, reasonable
<br />attorneys’ fees, and any amounts expended in defending any proceedings or in the payment of
<br />any of said liens or any judgment. Railroad may post and maintain upon the Property notices of
<br />nonresponsibility as provided by law.
<br />(k) Tests. Licensee shall cooperate with Railroad in making any tests Railroad
<br />requires of any installation or condition that in Railroad’s reasonable judgment may have an
<br />adverse effect on any of the facilities of Railroad.
<br />(l) Completion. Licensee shall notify Railroad the date said work is completed,
<br />and also the date the Licensee’s Work is accepted by the Licensee. Upon completion of the work
<br />to be done upon Railroad’s Property, Licensee shall promptly remove from the Property all tools,
<br />equipment and materials placed thereon by Licensee or its agents. Licensee shall restore said
<br />property to the same state and condition as when Licensee entered thereon and shall leave said
<br />Property in a clean and presentable condition.
<br />(m) Compliance with Laws. Licensee shall comply, at Licensee’s expense, with
<br />all applicable laws, regulations, rules and orders with respect to the use of the Property,
<br />regardless of when they become or became effective, including, without limitation, those relating
<br />to construction, grading, signage, health, safety, noise, environmental protection, hazardous
<br />materials, waste disposal and water and air quality, and furnish satisfactory evidence of such
<br />compliance to Railroad upon request.
<br />(n) Condition of Property. Licensee agrees to keep the Property and the Work in
<br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 17 of 29)
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