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(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 /> (2) For any excavation below elevation or track subgrade if, in the I� <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 /> 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 /> (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 i, <br /> beginning any work on the Property. , <br /> I <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. li, <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 I <br /> around the Property. <br /> 923792.4 <br />