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<br />JK- <br /> <br />2-12-82 <br /> <br />2. This grant of license and permission is further subject to the following <br />terms, provisions and conditions, which Licensee hereby expressly accepts, to wit: <br /> <br />(a) Licensee shall not begin, nor permit its contractor to begin, any <br />work of any nature whatsoever on Premises until Licensee or its <br />contractor shall have given Railroad's General Manager at least <br />24 hours' written notice in advance of starting same; <br /> <br />(b) Licensee or its contractor shall perform its work hereunder at such <br />times and in such manner as shall be agreed upon between Licensee <br />and Railroad's said General Manager or his duly authorized represen- <br />tative. During the entire progress of Licensee's work on or about <br />Premises, Licensee or its contractor shall maintain contact and <br />liaison with Railroad's authorized representative so as to ascertain <br />the time of passage of trains at the site of Licensee's work and so <br />as to permit free and safe flow of railroad traffic. All work of <br />Licensee shall be performed without interference with Railroad's <br />tracks and operations and structures or facilities. Licensee or <br />its contractor shall use utmost care in protecting Railroad's <br />and others' property and in avoiding accidents. Upon completion <br />of its work hereunder, Licensee shall leave Premises in a condition <br />satisfactory to Railroad's authorized representative; <br /> <br />(c) Licensee shall, at its sole cost, maintain the Drainage Facility <br />in a good and safe condition and keep same free and clear of debris, <br />sediment or obstructive matter which mayor could interfere with or <br />impede the proper functioning thereof; and <br /> <br />(d) Licensee shall, at Licensee's sole cost, risk and responsibility, <br />furnish or do or cause to be furnished or done any and all things, <br />and when, where and as from time to time required to accomplish <br />whatsoever Licensee attempts or is bound to do at any time hereunder. <br />Said things, including the time and manner of doing any work, each <br />shall conform to the requirements of the Railroad as well as of <br />any State, Federal or Municipal authority. <br /> <br />3. Licensee shall submit the design of Drainage Facility to Railroad's General <br />Manager, or his authorized representative, for approval. No work shall be performed in <br />connection with Drainage Facility prior to receipt of Railroad's approval. No approval <br />by Railroad of Licensee's or its contractor's plans shall relieve Licensee or its con- <br />tractor of any responsibility or liability hereunder. <br /> <br />The proposed culvert to be installed under Railroad's main track shall be <br />installed by the boring and jacking method and shall be so installed that the upper <br />surface thereof shall be a minimum of 6.0 feet below the bottom of any rail thereover. <br /> <br />4. During any periods when work is being performed on or adjacent to Premises <br />Licensee or its contractor in connection with the excavating and constructing of <br />Drainage Facility, Railroad is authorized to furnish flagmen or other protective <br /> <br />- 2 - <br />