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<br />(1) When any part of any equipment is standing or being operated <br />within 15 feet, measured horizontally, from centerline of any track on which <br />trains may operate, or when any erection or construction activities are in progress <br />within such limits, regardless of elevation above or below track. <br /> <br />(2) For any excavation below elevation or track sub grade if, in the <br />opinion of Railroad's representative, track or other Railroad facilities may be <br />subject to settlement or movement. <br /> <br />(3) For any clearing, grubbing, grading, or blasting which, in the <br />opinion of Railroad's representative, may endanger Railroad facilities or <br />operations. <br /> <br />Licensee specifically agrees that the need for and staffing of Railroad personnel <br />or those of its Operator as provided in this Section shall be within Railroad's sole <br />discretion, and the attendant costs shall be borne entirely by the Licensee. The reasonable <br />cost to Licensee of such inspector shall be payable to Licensor within 30 days after <br />presentation of a bill. <br /> <br />(w) Fiberoptics. In addition to other provisions of this Agreement <br />requiring Licensee to give notice prior to commencing work, Licensee shall telephone <br />Underground Service Alert at 1-800-642-2444 (a 24-hour number) to determine if a <br />telecommunications system is buried anywhere on or about the Property. If there is, <br />Licensee will telephone the owner of any system identified, arrange for a cable locator <br />and make arrangements for relocation or other protection for the system prior to <br />beginning any work on the Property. <br /> <br />(x) Site Specific Work Plan. Prior to commencing the Work, and each <br />week during the core of conducting the Work, Licensee shall have a Site Specific Work <br />Plan approved by the Licensee. If such a plan is not approved by Railroad, or not <br />available on site, Licensee may cancel this Agreement. <br /> <br />(y) Traffic. Licensee shall provide all barriers, directions, signage and <br />other forms of notice to the public to assure the smooth and uninterrupted flow of traffic <br />around the Property. <br /> <br />923792.4 <br />