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<br />6.1A <br />Page 27 <br /> <br />Property, in order to expedite the work and to avoid interference with the operation of <br />Railroad's equipment. Licensee shall notify the Railroad's Chief Engineer at least ten <br />(10) working days (or such additional notice as may be provided herein) before <br />commencing any work on the Property. Although Railroad will reasonably cooperate <br />with Licensee so that the Work may be handled in an efficient manner, Licensee hereby <br />waives and releases Railroad from any claim for damages against Railroad in the event <br />the Work is delayed for any reason whatsoever. <br /> <br />(d) No Interference With Railroad Operations. Licensee shall perform its <br />work in such manner and at such times as shall not endanger or interfere with the safe <br />operation of the tracks and property of Railroad and traffic moving on such tracks, as <br />well as wires, signals, pipelines, utilities and other property of Railroad, its tenants or <br />licensees, at or in the vicinity of the work. All work contemplated in this Agreement <br />shall be performed in a good and worker-like manner to the satisfaction of the parties, <br />and each portion shall be promptly commenced by the party obligated to do the same and <br />thereafter diligently prosecuted to completion in its logical order and sequence. <br /> <br />(e) Repair of Damage. Licensee shall take protective measures necessary <br />to keep Railroad's facilities, including track ballast, free of sand or debris resulting from <br />its operations. Any damage to Railroad's facilities resulting from Licensee's operations <br />will be repaired or replaced by Railroad at Licensee's sole cost and expense, which <br />Licensee shall pay to Railroad promptly upon demand therefor. <br /> <br />(f) Underground Facilities. Licensee shall be solely responsible at its own <br />cost for identifying the location of all pipelines (including, but not limited to, high <br />pressure petroleum, gas and water pipelines), fiber optic lines and all other utilities of <br />whatever nature on the Property, and for relocating all said pipelines and utilities which <br />would interfere with Licensee's Work. Licensee shall relocate, or arrange for the <br />relocation by a third-party contractor approved by Railroad, any and all Railroad signal <br />lines and Railroad communication facilities, the existing location of which would <br />interfere with the Work, at Licensee's sole cost and expense, unless other arrangements <br />are made by separate agreement. Absence of markers does not constitute a warranty by <br />Railroad of the absence of subsurface installations. It shall be Licensee's responsibility <br />to determine the existence of any underground facilities and Licensee shall call <br />Underground Service Alert at 1-800-642-2444 prior to beginning any work on the <br />Property. Since there is the possibility of the existence of pipelines or other structures <br />beneath the Property, if Licensee should excavate or drill, then Licensee's forces shall <br />explore such structures with hand tools to a depth of at least eight feet (8') below the <br />surface of the ground or, at Licensee's option, use suitable detection equipment, prior to <br />drilling or excavating with mechanized equipment. <br /> <br />(g) Storage. Licensee shall not pile or store any tools or other materials or <br />park any equipment, when not in use, closer to the center of nearest railroad track then <br />permitted by the following permanent clearances: <br /> <br />(i) 25' _OH horizontally from center line of track; and <br /> <br />(ii) 22' -6" vertically above top of rail. <br /> <br />923792.4 <br />