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Public Highway At -Grade Crossing 06/01/10 ,
<br />Standard Fonn Approved, AVP -Law BUILDING AMEFtlCA
<br />E. No Interference or Delays. The City shall not do, suffer or permit anything which will or may obstruct, endanger,
<br />interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal
<br />lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's
<br />property or facilities.
<br />F. Supervision. The City, at its own expense, shall adequately police and supervise all work to be performed by the
<br />City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be
<br />responsible, or to property of the Railroad. The responsibility of the City for safe conduct and adequate policing and
<br />supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,
<br />or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's
<br />representatives, or by compliance by the City with any requests or recommendations made by such representatives. If a
<br />representative of the Railroad is assigned to the Project, the City will give due consideration to suggestions and
<br />recommendations made by such representative for the safety and protection of the Railroad's property and operations.
<br />G. Suspension of Work. If at any time the City's engineers or the Vice President - Engineering Services of the Railroad
<br />or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or
<br />prosecuted without due regard and precaution for safety and security, the City shall immediately suspend the work until
<br />suitable, adequate and proper protective measures are adopted and provided.
<br />H. Removal of Debris. The City shall not cause, suffer or permit material or debris to be deposited or cast upon, or to
<br />slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from
<br />the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not
<br />cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing
<br />Area.
<br />I. Explosives. The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the
<br />prior consent of the Railroad's Vice President - Engineering Services, which shall not be given if, in the sole discretion of the
<br />Railroad's Vice President - Engineering Services, such discharge would be dangerous or would interfere with the Railroad's
<br />property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the
<br />Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to
<br />the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the
<br />Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the
<br />transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem
<br />to be necessary, desirable or appropriate.
<br />J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may
<br />create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of
<br />the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any area or
<br />adversely affect the Railroad's tracks or facilities. The City, at its own expense, shall install and maintain adequate shoring
<br />and cribbing for all excavation and /or trenching performed by the City in connection with construction, maintenance or other
<br />work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the
<br />Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any
<br />stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
<br />K. Drainage. The City, at the City's own expense, shall provide and maintain suitable facilities for draining the Roadway
<br />and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
<br />The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and
<br />drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that
<br />said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up,
<br />overflow or damage the property of the Railroad or any part thereof, or property of others. The City shall not obstruct or
<br />interfere with existing ditches or drainage facilities.
<br />L. Notice. Before commencing any work, the City shall provide the advance notice to the Railroad that is required
<br />under the Contractor's Right of Entry Agreement.
<br />M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic
<br />cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and
<br />loss of revenue and profits. City shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central
<br />Public Highway At -Grade Crossing 06/01/10 Page 4 of 5 Exhibit D
<br />Standard Form Approved, AVP -Law General Terms and Conditions
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