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, � PS- FORM 1001-G
<br /> REVISED APRII.29,2008
<br /> AGREEMENT NO.CSX6�4431
<br /> 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
<br /> time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
<br /> with the safe use and operation of Licensor's property and appurtenances thereto.
<br /> 3.4 In the installation, maintenance,repair and/or removal of said Facilities,
<br /> Licensee shall not use explosives of any type or perform or cause any blasting without the
<br /> separate express written consent of Licensor. As a condition to such consent, a representative
<br /> will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
<br /> entire cost and/or expense of furnishing said monitor.
<br /> 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
<br /> Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
<br /> of its property, shall be made by Licensee promptly, but in no event later than thiriy (30) days
<br /> after Licensee has notice as to the need for such repairs or maintenance.
<br /> 3.6 Licensor,in order to protect or safeguard its property,rail operations,
<br /> equipment and/or employees from damage or injury,may request immediate repair or renewal of
<br /> the Facilities, and if the same is not performed,may make or contract to make such repairs or
<br /> renewals, at the sole risk, cost and expense of Licensee.
<br /> 3.7 Neither the failure of Licensor to object to any work done, material used, or
<br /> method of construction or maintenance of said Encroachment,nor any approval given or
<br /> supervision exercised by Licensor, shall be construed as an admission of liability or
<br /> responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
<br /> responsibility of Licensee under this Agreement.
<br /> 3.8 All work on the Encroachment shall be conducted in accordance with
<br /> Licensor's safety rules and regulations.
<br /> 3.9 Licensee hereby agrees to reunburse Licensor any loss, cost or expense
<br /> (including losses resulting from train delays and/or inability to meet train schedules) arising from
<br /> any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
<br /> or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
<br /> 4. PERMITS, LICENSES:
<br /> 4.1 Before any work hereunder is performed, or before use of the Encroachment
<br /> for the contracted purpose,Licensee, at its sole cost and expense, shall obtain all necessary
<br /> permit(s) (including but not limited to zoning,building, construction,health, safety or
<br /> environmental matters),letter(s) or certificate(s) of approval. Licensee expressly agrees and
<br /> warrants that it shall conform and limit its activities to the terms�f such permit(s), approval(s)
<br /> and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
<br /> requirements and laws of any governmental authority(State, Federal or Local) having
<br /> jurisdiction over Licensee's activities, including the location, contact, excavation and protection
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