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<br />CROE ExA 5/01/2006
<br />Form Approved, AVP-Law
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<br />BUILDING AMERICA~ m
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<br />EXHIBIT A
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<br />TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
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<br />TERMS AND CONDITIONS
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<br />Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
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<br />A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing
<br />its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or
<br />equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as,
<br />but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track, No work of any kind shall be performed, and no
<br />person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-
<br />five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for
<br />trains, Upon receipt of such ten (1 O)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman
<br />need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special
<br />protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless
<br />Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or
<br />local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of
<br />Contractor's receipt of billing, If Railroad performs any flagging, or other special protective or safety measures are performed by
<br />Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement
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<br />B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of
<br />flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time
<br />the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
<br />supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
<br />Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
<br />composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime,
<br />Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time,
<br />by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an
<br />authorized governmental agency, Additional charges on labor are also subject to change. If the wage rate or additional charges are
<br />changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.
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<br />C_ Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless
<br />the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
<br />for the portion of the day during which the flagman is engaged in other Railroad work, Reimbursement will also be required for any
<br />day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to
<br />pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though
<br />Contractor may not be working during such time When it becomes necessary for Railroad to bulletin and assign an employee to a
<br />flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5)
<br />days notice prior to the cessation of the need for a flagman, If five (5) days notice of cessation is..nct given, Contractor will still be
<br />required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even
<br />though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services
<br />are needed again after such five day cessation notice has been given to Railroad.
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<br />Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
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<br />A, The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use
<br />and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change,
<br />modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon,
<br />along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability
<br />to Contractor or to any other party for compensation or damages.
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<br />B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for
<br />quiet enjoyment
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<br />Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
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<br />A, Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
<br />railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless
<br />specifically authorized in advance by the Railroad Representative Nothing shall be done or permitted to be done by Contractor at
<br />any time that would in any manner impair the safety of such operations, When not in use, Contractor's machinery and materials shall
<br />be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads
<br />tracks except at existing open public crossings.
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<br />CROE ExA 5/01/2006
<br />Form Approved, AVP-Law
<br />
<br />Page 1 of 3
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<br />Exhibit A
<br />Terms & Conditions
<br />To Contractor's Right of Entry Agreement
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