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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 /> 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 esta.blished above for approval as <br /> provided herein. <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 /> (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 terms as Railroad deems appropriate. <br /> Absent such approval, Licensee's access shall be by use only of designated public streets <br /> or crossings. <br /> (j) Payments 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 such 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 /> (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 /> I <br /> 923792.4 <br />