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<br />. <br /> <br />. <br /> <br />FILE: OC-196 <br /> <br />4. Construction. Any work performed or caused to be performed by Licensee on the <br />Facility or the License Property shall be performed (a) at Licensee's sole cost and <br />expense; (b) in accordance with any and all applicable laws, rules and regulations <br />(including the OCTA's rules and regulations), and (c) in a manner which (i) meets or <br />exceeds the then applicable standards of the industry for such work, and (ii) is <br />satisfactory to OCTA. Prior to commencement of any construction, reconstruction, <br />installation, restoration, alteration, repair, replacement or removal (other than normal <br />maintenance) (hereinafter, "Work") on the License Property, Licensee shall submit work <br />plans to OCTA for review and approval. Any such Work must be carried out pursuant to <br />work plans approved in writing by OCTA. In addition, Licensee shall provide OCTA and <br />all holders of underground utility facilities located within the License Property with at least <br />10 calendar days' written notice prior to commencement of any Work on the License <br />Property or the Facility, except in cases of emergency, in which event Licensee shall <br />notify OCTA's representative personally or by phone prior to commencing any Work. <br />Unless otherwise requested by OCTA, upon completion of any Work, Licensee shall <br />restore the OCTA Property to its condition immediately preceding the commencement of <br />such Work. <br /> <br />5. Contractors--Approval and Insurance. Any contractors of Licensee performing <br />Work on the Facility or the License Property shall first be approved in writing by OCTA. <br />With respect to such Work, Licensee shall, at its sole cost and expense, obtain and <br />maintain in full force and effect, throughout the term of such Work, insurance, as required <br />by OCTA, in the amounts and coverages specified on, and issued by insurance <br />companies as described on, Exhibit "B" attached hereto and incorporated herein by <br />reference. Additionally, Licensee shall cause any and all of its contractors and <br />subcontractors which may (a) be involved with such Work, or (b) may, for any reason, <br />need to enter onto the License Property, to obtain and maintain in full force and effect <br />during the Term of this Agreement, or throughout the term of such Work (as applicable), <br />insurance, as required by OCTA, in the amounts and coverages specified on, and issued <br />by insurance companies as described on, Exhibit "B". OCTA reserves the right, <br />throughout the Term of this Agreement, to review and change the amount and type of <br />insurance coverage it requires in connection with this Agreement on the Work to be <br />performed on the License Property. <br /> <br />6. Reimbursement. Licensee agrees to reimburse OCTA for all reasonable costs <br />and expenses incurred by OCTA in connection with Work on or maintenance of the <br />License Property or the Facility, including, but not limited to, costs incurred by OCTA in <br />furnishing any materials or performing any labor, reviewing Licensee's Work plans and/or <br />inspecting any Work, installing or removing protection beneath or along OCTA's tracks, <br />furnishing of watchmen, flagmen and inspectors as OCTA deems necessary and such <br />other items or acts as OCTA in its sole discretion deems necessary to monitor or aid in <br />compliance with this Agreement. <br /> <br />Page 6 of 15 <br />