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<br />'-) <br /> <br />BUILDING AMERICA'" 81m <br /> <br />UPRRFolderNo.2287-13 <br />UPRR Audit No. <br /> <br />CONTRACTOR'S RIGHT OF ENTRY <br />AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into as of the day of <br />200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation <br />("Railroad"); and <br /> <br />a <br /> <br />(NAME OF CONTRACTOR) <br />corporation ("Contractor"). <br /> <br />(State of Incorporation) <br /> <br />RECITALS: <br /> <br />Contractor has been hired by Carma Blanco Vista, Ltd. to perform work relating to the <br /> <br />. construction of the new Yarrington Road Overpass grade separation crossing (the "work"), <br /> <br />with all or a portion of such work to be performed on property of Railroad in -the.-vicinity of <br />Railroad's Mile Post 203.55 on Railroad's Austin Subdivision located in San Marcos, Hays County, <br /> <br />Texas, which work is the subject of a contract dated between Railroad <br />(Date ofC&M Agreement) <br />and Carma Blanco Vista, Ltd. as such location is also shown and detailed on the Location Print and <br />Specification Plans collectively 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 <br />described above subject to the terms and conditions contained in this Agreement <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as <br />follows: <br /> <br />ARTICLE 1- <br /> <br />DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this Agreement, all references in this agreement to Contractor shall include <br />Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its <br />or their authority. <br /> <br />ARTICLE 2- <br /> <br />RIGHT GRANTED; PURPOSE. <br /> <br />Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon <br />and subject to each and all of the terms, provisions and conditions herein contained, to enter upon <br />and have ingress to and egress from the property described in the Recitals for the purpose of <br />performing any work described in the Recitals above. The right herein granted to Contractor is <br /> <br />Contractor's Right of Entry - 05/01/2006 <br />Form Approved - A VP Law <br /> <br />Page 1 of 4 <br /> <br />Exhibit E <br />Form of Contractor's RighI of Entry Agreement <br />To Public Road Crossing Developers Overpass Agreement <br />