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<br />6.1A <br />Page 29 <br /> <br />(1) Completion. Licensee shall notify Railroad the date said work is <br />completed, and also the date the Licensee's Work is accepted by the Licensee. Upon <br />completion of the work to be done upon Railroad's Property, Licensee shall promptly <br />remove from the Property all tools, equipment and materials placed thereon by Licensee <br />or its agents. Licensee shall restore said property to the same state and condition as when <br />Licensee entered thereon and shall leave said Property in a clean and presentable <br />condition. <br /> <br />(m)Comoliance with Laws. Licensee shall comply, at Licensee's expense, <br />with all applicable laws, regulations, rules and orders with respect to the use of the <br />Property, regardless of when they become or became effective, including, without <br />limitation, those relating to construction, grading, signage, health, safety, noise, <br />environmental protection, hazardous materials, waste disposal and water and air quality, <br />and furnish satisfactory evidence of such compliance to Railroad upon request. <br /> <br />(n) Condition ofPropertv. Licensee agrees to keep the Property and the <br />Work in good and safe condition, free from waste, so far as affected by Licensee's <br />operations, to the reasonable satisfaction of Railroad. If, during the term of this <br />Agreement, Licensee fails to keep the Property and the Work in good and safe condition, <br />free from debris, then Railroad may, at Railroad's option (1) perform the necessary work <br />at the expense of Licensee which expense Licensee agrees to pay to Railroad upon <br />demand, and/or (2) immediately terminate this Permit without limiting its remedies. <br />Licensee shall not conduct any activities on or about the Property that constitute a <br />nuisance or unreasonable annoyance (including without limitation, emission of <br />objectionable odors, noises or lights) to Railroad, to the owners or occupants of <br />neighboring property or to the public. <br /> <br />(0) Project Markers. Project markers in a form and size satisfactory to <br />Railroad, identifying the facility and its owner, shall be installed and constantly <br />maintained by and at the expense of Licensee at Railroad's property lines or such <br />locations as Railroad shall approve. Such markers shall be relocated or removed upon <br />request of Railroad without expense to Railroad. The absence of markers does not <br />constitute a warranty by Railroad that there are no subsurface installations. <br /> <br />(P) Engineering Review. Railroad (or its contractor) shall provide all <br />engineering review, marketing and scheduling, detouring, flagging and engineering <br />inspection required in connection with said Work, as determined by Railroad in its <br />reasonable discretion, at Licensee's sole cost and expense. <br /> <br />(q) Reimbursement. Licensee agrees to reimburse Railroad for the actual <br />cost and expense to Railroad of furnishing any materials or performing any labor in <br />connection with the Work, including, but not limited to, the review of plans and <br />specifications, the installation and removal of any falsework or other protection beneath <br />or along railroad tracks, and the furnishing of such security persons, flaggers and <br />inspectors as Railroad deems necessary. Flaggers and/or inspectors are required when <br />work is performed in proximity to the tracks and are furnished at the cost of <br />approximately $800 per day for inspectors and $500 per day for flaggers. <br /> <br />923792.4 <br />