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<br />I <br /> <br />I <br /> <br />I <br /> <br />Article VII. <br /> <br />IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> <br />If a contractor IS to do any of the work performed on the Dramage Facility or Premises (includmg <br />imtial construction and subsequent relocation or substantial maintenance and repair work), then the <br />Licensee shall reqUIre ItS contractor to execute the Railroad's Contractor's Right of Entry Agreement. <br />Licensee acknowledges receipt of a copy of the Contractor's RIght of Entry Agreement and understanding <br />of its terms, provisions, and requirements, and will inform its contractor of the need to execute the <br />Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's Premises <br />without first executing the Contractor's Right of Entry Agreement. <br /> <br />Article VIII. INSURANCE. <br /> <br />A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto <br />attached. The Licensee will also provide to the LIcensor a Certificate of Insurance issued by Its insurance <br />carner confirming the existence of such msurance and that the policy or pohcies contain the following <br />endorsement: <br /> <br />Union PaCIfic Railroad Company IS named as an addItional msured WIth respect to all habllities <br />arismg out of the eXIstence, use or any work performed on or associated with the Drainage Facihty <br />located on Railroad's nght of way between Mile Posts 208.5 on the Austin Subdivision, located at or near <br />San Marcos, Hays County, Texas. <br /> <br />B. If the Licensee named in this Agreement is a pubhc entity subject to any applicable statutory <br />tort laws, the limIts of msurance described m Exhibit B-1 shall be the limits the Licensee then has in <br />effect or whIch is reqUIred by applicable current or subsequent law, whIchever IS greater, a portion of <br />whIch may be self-insured WIth the consent and approval of the Licensor. <br /> <br />C. AU insurance correspondence shall be directed to: <br /> <br />Folder No.: 02370-34 <br />Director -Contracts <br />Umon PaCIfic Railroad Company <br />Real Estate Department <br />1400 Douglas Street STOP 1690 <br />Omaha, Nebraska 68179-1690 <br /> <br />Article IX. <br /> <br />SPECIAL PROVISION - RAILROAD FLAGMAN: WHEN REQUIRED: <br />FLAGGING CHARGES. <br /> <br />A. No work of any kind shall be performed, and no person, eqUIpment, machmery, tool(s), <br />material(s), vehlCle(s), or thing(s) shall be located, operated, placed, or stored WIthin 25 feet of any of <br />Railroad's track(s) at any tIme, for any reason, unless and until a Railroad flagman IS proVIded to watch <br />for trams, pursuant to the terms of the attached Exhibit 'B'. All expenses connected with the furnishmg <br />of saId flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad <br />all charges connected therewith, withm 30 days after presentation of a bill therefore. <br /> <br />B. One and one-half tImes the current hourly rate is paId for overtime, Saturdays and <br />Sundays; two and one-half tImes current hourly rate for holidays. <br /> <br />C. Wage rates are subject to change, at any tIme, by law or by agreement between the <br />Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized <br /> <br />02370-34.dm <br /> <br />Articles of Agreement <br /> <br />February 13,2006 <br />