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<br />6.1A <br />Page 28 <br /> <br />The placement of piles, forms, braces, shoring, false work, or other construction <br />supports shall be in accordance with Appendix H of the most current Caltrans Trenching <br />and Shoring manual. <br /> <br />Walkways with railings shall be constructed by Licensee over open excavation <br />areas when in close proximity of tracks, and railings shall not be closer than 8' -6" <br />horizontally from centerline of the nearest track, if tangent, or 9' -6" if curved. Any <br />infringement on the above temporary construction clearances due to the Licensee's <br />operations shall be submitted to Railroad for approval, and shall not be undertaken until <br />approved by Railroad. When the temporary vertical clearance is less than 22' -6" above <br />top of rail, Railroad shall have the option of installing tell-tales or other protective <br />devices Railroad deems necessary for protection of Railroad trainmen or traffic. <br />Licensee shall notify the Railroad in writing, at least twenty-five (25) calendar days, but <br />no more than forty (40) calendar days, in advance of the starting date of installing <br />temporary work with less than permanent clearances established above for approval as <br />provided herein. <br /> <br />(h) Open Holes. Any open holes shall be satisfactorily covered at all <br />times when Licensee's forces are not physically working in the vicinity. Upon <br />completion of work, all holes will be filled in to meet the surrounding ground level with <br />clean, compacted, earthen material and the property left in a neat and safe condition <br />reasonably satisfactory to Railroad. <br /> <br />(i) No Crossing of Tracks. Licensee shall not be permitted to cross <br />Railroad's tracks located on or adjacent to the Property without Railroad's prior written <br />approval, which may be conditioned on such tenns as Railroad deems appropriate. <br />Absent such approval, Licensee's access shall be by use only of designated public streets <br />or crossings. <br /> <br />(j) Pavrnents and Liens. With respect to the Work, Licensee shall fully <br />pay for all materials joined or affixed to the Property, and shall pay in full all persons <br />who perform labor on or deliver materials to the Property. As Railroad is a public entity, <br />its property is not subject to mechanics' or materialmen's liens, and nothing in this <br />Permit shall be construed to make its property subject to such liens. Nevertheless, if any <br />stop notice claims, mechanics' or materialmen's liens of any kind are filed, Licensee <br />shall immediately remove them at Licensee's own expense, and shall pay any judgment <br />which may be entered. Should Licensee fail, neglect, or refuse so to do, Railroad, after <br />48 hours prior notice to Licensee, shall have the right to pay any amount required to <br />release any sllch liens, or to defend any action brought, and to pay any judgment entered. <br />Licensee shall be liable to Railroad for all costs, damages, reasonable attorneys' fees, and <br />any amounts expended in defending any proceedings or in the payment of any of said <br />liens or any judgment. Railroad may post and maintain upon the Property notices of <br />nonresponsibility as provided by law. <br /> <br />(k) Tests. Licensee shall cooperate with Railroad in making any tests <br />Railroad requires of any installation or condition that in Railroad's reasonable judgment <br />may have an adverse effect on any of the facilities of Railroad. All costs incurred by the <br />tests, or any corrections, shall be borne by Licensee. <br /> <br />923192.4 <br />