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<br />, , <br /> <br />EXHIBIT "D" <br /> <br />This Agreement is subject to the following additional terms and conditions: <br /> <br />1. If a natural disaster causes the railroad track located on or adjacent to the Licensed <br />Property to become inoperable, aCTA, at its sole and exclusive discretion, may <br />terminate this Agreement, or suspend access to the License Property while repairs <br />are underway, or allow the Licensee to relocate the art wall within the aCTA right- <br />of-way at the sole cost and expense of the Licensee, <br /> <br />2. The Licensee agrees to execute and deliver to SCRRA, prior to commencing any <br />work within the rail right-of-way, SCRRA Form No.6, and deliver and secure <br />approval of the insurance required by the two exhibits attached to SCRRA Form <br />No.6. If the Licensee retains a contractor to perform any of work within the rail <br />right-of-way, then the Licensee shall incorporate in its contract documents <br />SCRRA Form NO.6 (Right-of-Entry agreement) and SCRRA Form No. 37 (Rules <br />and Requirements for Construction on Railway Property). The Licensee shall be <br />responsible to make sure that the contractor has an approved and executed copy <br />of SCRRA Form No, 6 and delivered and secured approval of the insurance <br />required by the two exhibits attached to SCRRA Form NO.6 prior to the <br />contractor's entry on the rail right-of-way, <br /> <br />3. The Licensee agree to comply and to ensure that its contractor complies, at all <br />times when on the rail right-of-way, with the rules and regulations contained in <br />the current editions of the following documents which are "references" <br />incorporated in this document as if they were set in full in this paragraph. These <br />documents can be accessed through SCRRA's website <br />wwW.metrolinktrains.com. Sub-Sections "About Metrolink" and then "Public <br />Projects/Engineering" . <br />0 Right-of-Entry agreement, SCRRA Form No.6; <br />0 Rules and Requirements for Construction on Railroad Property, SCRRA <br />Form No. 37; <br />0 General Safety Regulations for Construction/Maintenance Activity on <br />Railway Property; and <br />0 SCRRA Engineering Standards. <br /> <br />4. In the event that any equipment or vehicle comes into contact with any portion of <br />the wall structure on or adjacent to License Property, Licensee will immediately <br />notify the Chief Dispatcher at (213) 259-6300 or a subsequently designated number <br />and will cooperate in the investigation of potential damage. <br /> <br />5. The Licensee, at its sole expense, shall provide and maintain suitable facilities for <br />draining the License Property and aCTA Property, so that storm and irrigation <br />water will not be impeded, obstructed, diverted or caused to back up, or overflow. <br /> <br />Page 1 of 2 <br />