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(b) All insurance required under preceding subsection (a) shall be underwritten by insurers
<br /> and be of such form and content as may be acceptable to Railway. Prior to commencement of
<br /> installation or maintenance of the Facilities or any entry on Railway's property, Applicant, or its
<br /> contractor if it employs one, shall furnish to Railway's Risk Manager, Three Commercial Place,
<br /> Norfolk, Virginia 23510-2191 (or such other representative and/or address as subsequently given by
<br /> Railway to Applicant in writing), for approval, the original policy described in subsection (a)(iii) and a
<br /> certificate of insurance evidencing the existence of a policy with the coverage described in subsection
<br /> (a)(ii).
<br /> • Prior to commencement of any work to be performed, Applicant shall notify the appropriate Division
<br /> Engineer for the scheduling of protection and inspection. Within seventy-two (72) hours after the Division
<br /> Engineer's actual receipt of such notification, the Division Engineer shall review the necessity and
<br /> availability of flagmen for the proposed work and advise Applicant of such matters and the estimated cost
<br /> therefor. No work shall be permitted without the presence of Railway's flagman or the Division Engineer's
<br /> waiver of the requirement for flag protection. Entry on or about any Railway right-of-way without the
<br /> Division Engineer's prior approval shall be deemed trespassing. Applicant agrees to pay Railway, within
<br /> thirty (30) days after delivery of an invoice therefor, for any protection and inspection costs incurred by
<br /> Railway, in Railway's sole judgment, during any such entry.
<br /> • If Railway deems it advisable during the progress of any work of construction, maintenance, repairs and
<br /> renewals, alterations, adjustments or removal of the Applicant's Facilities to place watchmen, flagmen,
<br /> inspectors or any other employees deemed necessary by Railway for the protection of its train traffic and
<br /> the protection of the property owned or in possession or control of Railway, or its employees, patrons, or
<br /> licensees, Railway shall have the right to do so and Applicant agrees to bear full cost and expense thereof
<br /> and to promptly reimburse Railway upon demand.
<br /> • All cost or expense resulting from any and all loss of life or property, or injury or damage to the person or
<br /> property of any person, firm or corporation (including the parties hereto and their respective officers,
<br /> agents and employees) and any and all claims, demands or actions for such loss, injury or damage,
<br /> caused by or growing out of the presence or use, or the construction, maintenance, renewal, change or
<br /> relocation and subsequent removal of the Facilities and appurtenances herein referred to shall be borne
<br /> by Applicant unless caused solely by the negligence or willful misconduct of Railway.
<br /> • In the event of any revision, renewal, addition, removal or alteration of said facilities, prior approval of the
<br /> Railway must be secured. Applicant must also furnish Railroad Protective Liability Insurance for this work.
<br /> • Upon abandonment of the Facilities by Applicant, Applicant shall seek direction from Railway's Chief
<br /> Engineer, or his representative, regarding the method of abandonment if the Facilities will be abandoned
<br /> in place.
<br /> • In the event the Facilities consist of electrical power or communication wires and appurtenances,
<br /> Applicant shall promptly remedy any inductive interference growing out of, or resulting from the presence
<br /> of, the Facilities.
<br /> • In the event the Facilities consist of an underground occupation, Applicant will be responsible for any
<br /> settlement caused to the roadbed, right of way and/or tracks, facilities and appurtenances of Railway
<br /> arising from or as a result of the installation of the Facilities, and Applicant shall pay to Railway on demand
<br /> the full cost and expense therefore.
<br /> • All rights and obligations conferred hereby shall extend to the successors and assigns of the parties
<br /> hereto, provided that the Applicant shall in no event transfer or assign its rights hereunder without the
<br /> written consent of Railway, which will not be unreasonably withheld.
<br /> • If the public road is abandoned by the appropriate governmental authority and the Facilities remain within
<br /> the limits of Railway's right of way after such abandonment, as a condition for the continuing presence of
<br /> the Facilities within Railway's right of way, Railway and Applicant shall agree upon an appropriate
<br /> occupancy fee or rental for the Facilities and execute an amendment to this Agreement within ninety (90)
<br /> days after the date upon which such public road is abandoned.
<br /> • Any and all notices, demands or requests by or from Railway to Applicant, or Applicant to Railway, shall
<br /> be in writing and shall be sent by (a) postage paid, certified mail, return receipt requested, or (b) a
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