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, • PS- FORM 1001-G <br /> REVISED APRIL 29,2008 <br /> AGREEMENT NO.CSX6�4431 <br /> regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and <br /> State "One Call" - "Call Before You Dig" requirements. <br /> 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or <br /> approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. <br /> 5. MARKING AND SUPPORT: <br /> 5.1 With respect to any subsurface installation or maintenance upon Licensor's <br /> property, Licensee, at its sole cost and expense, shall: <br /> (A) support track(s) and roadbed in a manner satisfactory to Licensor; <br /> (B) backf'ill with satisfactory material and thoroughly tamp all trenches to <br /> prevent settling of surface of land and roadbed of Licensor; and <br /> (C) either remove any surplus earth or material from Licensor's properiy or <br /> cause said surplus earth or material to be placed and distributed at location(s) and in such manner <br /> Licensor may approve. <br /> 5.2 After construction or maintenance of the Facilities, Licensee shall: <br /> (A) Restore any track(s), roadbed and other disturbed property; and <br /> (B) Erect,maintain and periodically verify the accuracy of aboveground <br /> markers, in a form approved by Licensor, indicating the location, depth and ownership of any <br /> underground Facilities or related facilities. <br /> 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or <br /> subjacent support in the Encroachment area for a period of three (3) years after completion of <br /> installation. <br /> 6. TRACK CHANGES: <br /> 6.1 In the event that rail operations and/or track maintenance result in changes in <br /> grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event <br /> future use of Licensor's rail corridor or property necessitate any change of location, height or <br /> depth in the Facilities or Encroachment,Licensee, at its sole cost and expense and within thirty <br /> (30) days after notice in writing from Licensor, shall make changes in the Facilities or <br /> Encroachment to accommodate such track(s) or operations. <br /> 6.2 If Licensee fails to do so, Licensor may make or contract to make such <br /> changes at Licensee's cost. <br /> Page 4 of 15 � <br />