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<br />Contractor's Right of Entry - (~rexas) 5/23/03 <br />Form Approved - AVP Law <br /> <br />90. <br />Folder No. 2370-51 <br /> <br />I <br /> <br />CONTRACTOR'S <br />RIGHT OF ENTRY AGREEMENT <br /> <br />AUDIT <br /> <br />239687 <br /> <br />(TEXAS) <br /> <br /> <br />RECITALS: <br /> <br />Contractor has been hired by CITY OF SAN MARCOS, TEXAS to perform work relating to installation of an encased <br />treated water pipeline crossing (the "work"), with all or a portion of such work to be performed on property of Railroad in the <br />vicinity of Railroad's Milepost 51.53 on Railroad's Lockhart Subdivision located at or near San Marcos in Hays County, State <br />of Texas, [which work is the subject of a contract dated February 7,2006 between Railroad and the CITY as such location <br />is also shown on the print dated February 7,2006 marked Exhibit D, attached hereto and hereby made a part hereof.] <br /> <br />Railroad is willing to permit Contractor to perform the work described above at the location described above subject <br />to the terms and conditions contained in this Agreement <br /> <br />AGREEMENT: <br />l NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: <br />TICLE 1 - DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, <br />subcontractors, officers, agents and employees, and others acting under its or their authority. <br /> <br />ARTICLE 2 - RIGHT GRANTED: PURPOSE. <br /> <br />Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and <br />all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property <br />described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted <br />to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad <br />Representative named in Article 4. <br /> <br />ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A. BAND C. <br /> <br />The terms and conditions contained in Exhibit A. Exhibit B and Exhibit C, attached hereto, are hereby made a part <br />of this Agreement. <br /> <br />ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE. <br /> <br />A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or <br />any costs or expenses incurred by Railroad relating to this Agreement. <br /> <br />lB. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized <br />resentative (the "Railroad Representative"): <br /> <br />H:\dala\Wordlformslspeciallanguage forms\CROETexas.doc <br />