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<br />. <br /> <br />. <br /> <br />FILE: OC-196 <br /> <br />EXHIBIT "D" <br /> <br />This License is subject to the following additional terms and conditions: <br /> <br />1. All Licensee's contractors shall enter into a Right of Entry agreement with the Southern <br />California Regional Rail Authority (SCRRA) before performing any activity on railroad <br />property. <br /> <br />2. All Licensee's contractors, at their sole cost and expense, shall obtain and maintain in <br />force and effect insurance as required by SCRRA during the entire construction period. <br />Contractors shall furnish copies of the insurance certificates to all affected railroads. <br /> <br />3. Licensee and/or Licensee's contractor(s) must contact SCRRA's Right of Way Engineer <br />(213/452-0256) to arrange for inspection, flagging, and/or other protective services no less <br />than five working days prior to beginning work when any: <br /> <br />a) Personnel will be operating within twenty feet of the nearest rail, <br /> <br />b) Equipment will be operating within the OCTA right of way, or when any erection or <br />construction activities will be undertaken, regardless of elevation above or below <br />track, <br /> <br />c) Excavation will be undertaken on the OCT A right of way, <br /> <br />d) Grading or blasting (if allowed by OCT A) will be undertaken in the OCT A right of way. <br /> <br />Prior notification does not guarantee the availability of a flag person for the proposed date of <br />activity. <br /> <br />4. The Licensee and/or Licensee's contractor(s) shall be responsible for the location and <br />protection of any and all surface, sub-surface, and overhead structures. <br /> <br />5. Grade crossing signal cables are located at or near most highway or street/railroad <br />crossings. Licensee and/or Licensee's contractor(s) shall contact SCRRA's Right of Way <br />Engineer (213/452-0256) for the location of these cables. In case of signal emergencies, <br />the contractor shall call SCRRA's 24-hour signal emergency number, 800/404-9464 <br />(XING). <br /> <br />6. Licensee may self insure under an actuarially sound program of self insurance, provided <br />Licensee provides OCTA a Certificate of Self-Insurance or Bond, stating its self <br />insurance limits or noting that it specifically meets OCTA's insurance requirements, and <br />names OCTA, its officers, directors, employees and agents as additional insureds. <br /> <br />From time to time, upon request, Licensee will furnish such information regarding the <br />program as OCTA may reasonably request, including but not limited to financial and <br /> <br />Page 1 of 2 <br />