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i <br /> (1) Com letion. 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 /> (m)Compliance 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 /> (n) Condition of Property. 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 Properiy 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 /> (o) Proj ect Markers. Proj ect 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 /> (p) En ineering 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 /> (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 /> 923792.4 <br />