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<br />923792.1 <br />(m) Compliance with Laws. Permittee shall comply, at Permittee’s expense, <br />with 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 <br />relating to construction, grading, signage, health, safety, noise, environmental protection, <br />hazardous materials, waste disposal and water and air quality, and furnish satisfactory evidence <br />of such compliance to Railroad upon request. <br />(n) Condition of Property. Permittee agrees to keep the Property and the Work <br />in good and safe condition, free from waste, so far as affected by Permittee’s operations, to the <br />reasonable satisfaction of Railroad. If, during the term of this Agreement, Permittee fails to <br />keep the Property and the Work in good and safe condition, free from debris, then Railroad <br />may, at Railroad’s option (1) perform the necessary work at the expense of Permittee which <br />expense Permittee agrees to pay to Railroad upon demand, and/or (2) immediately terminate <br />this Permit without limiting its remedies. Permittee shall not conduct any activities on or about <br />the Property that constitute a nuisance or unreasonable annoyance (including without <br />limitation, emission of objectionable odors, noises or lights) to Railroad, to the owners or <br />occupants of neighboring property or to the public. <br />(o) Project Markers. Project markers in a form and size satisfactory to Railroad, <br />identifying the facility and its owner, shall be installed and constantly maintained by and at the <br />expense of Permittee at Railroad’s property lines or such locations as Railroad shall approve. <br />Such markers shall be relocated or removed upon request of Railroad without expense to <br />Railroad. The absence of markers does not constitute a warranty by Railroad that there are no <br />subsurface installations. <br />(p) Engineering Review. Railroad (or its contractor) shall provide all engineering <br />review, marketing and scheduling, detouring, flagging and engineering inspection required in <br />connection with said Work, as determined by Railroad in its reasonable discretion, at <br />Permittee’s sole cost and expense. <br />(q) Reimbursement. Permittee agrees to reimburse Railroad for the actual cost <br />and expense to Railroad of furnishing any materials or performing any labor in connection with <br />the Work, including, but not limited to, the review of plans and specifications, the installation <br />and removal of any falsework or other protection beneath or along railroad tracks, and the <br />furnishing of such security persons, flaggers and inspectors as Railroad deems necessary. <br />Flaggers and/or inspectors are required when work is performed in proximity to the tracks and <br />are furnished at the cost of approximately $1600 per day for inspectors and $1000 per day for <br />flaggers. <br />(r) Delay Damages. In the event that Permittee’s acts or omissions cause <br />delays to Railroad’s commuter train operations, the Railroad will sustain damages, and it is <br />agreed by the parties that it is impracticable and extremely difficult to ascertain and determine <br />the actual damages which Railroad will incur in the event of and by reason of such delay. The <br />charges cover such costs as: 1) Additional train crew labor costs; 2) Additional Railroad inspector <br />costs; 3) Costs of establishing any bus bridges; 4) Lost passenger revenues; and 5) Customer <br />rebate costs. <br />ATTY/AGR.2026.194/JPB License - Domestic Water in Pennsylvania (REV: 07-09-26 VR) (Page 18 of 29) <br />7.G. - Page 63 of 104 <br />161