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. <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 /> (e) Repair of Dama�e. 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 II <br /> Licensee shall pay to Railroad promptly upon demand therefor. <br /> (� 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 /> (g) Stora�e. 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 /> (i) 25'-0"horizontally from center line of track; and <br /> (ii) 22'-6" vertically above top of rail. <br /> 923792.4 <br /> I <br />