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CROEPL.DOC 940201 Fonn Approved, A VP-Law Folder No. 1636-87 ARTICLE 5. ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the Railroad Representative). ARTICLE 6. TERM: TERMINATION a). The grant of right herein made to Contractor shall commence on February 14, 1998 , and continue until March 15, 1998 , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earfier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. b). This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7. CERTIFICATE OF INSURANCE a). Before commencing any work, the Contractor will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company, is named as additional insured with respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)lbroker(s) and that said agent(s)lbroker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: File No. 1636-87 Union Pacific Railroad Company Joan Preble, Contract Representative 1416 Dodge Street, WPOO 1 Omaha, Nebraska 68179 ARTICLE 8. CHOICE OF FORUM Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Texas only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 9. SPECIAL PROVISIONS None. croepl.doc Articles of Agreement Page 2 of 3 December 16, 1997