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<br />_ BUILDING AMERICA- <br /> <br />UPRR Folder No.: 2251-22 <br /> <br />CONTRACTOR'S PERMIT <br /> <br />THIS AGREEMENT is made and entered into as <br />200_, by and between UNION <br />COMPANY, a Delaware corporation (the "Railroad"); and <br /> <br />of the <br />PACIFIC <br /> <br />day of <br />RAILROAD <br /> <br />a <br /> <br />(Name of Contractor) <br />corporation (the "Contractor"). <br /> <br />(State of Incorporation) <br /> <br />RECITALS: <br /> <br />Contractor has been hired by the City of Santa Ana to perform work relating to the <br />construction, maintenance and operation of the new Flower Street at-grade pedestrian crossing <br />(the "work"), with all or a portion of such work to be performed on property of Railroad in the <br />vicinity of Railroad Mile Post 520.77 on its Santa Ana Industrial Lead, in or near Santa Ana, <br />Orange County, California, which work is the subject of a contract dated <br /> <br />between Railroad and the City of Santa Ana. <br /> <br />(Date of Pedestrian Agreement) <br /> <br />Contractor has requested Railroad to permit it to perform the work on the portion of <br />Railroad's property shown in the general location of the print(s) marked Exhibit D, attached <br />hereto and hereby made a part hereof, and Railroad is agreeable thereto, subject to the following <br />terms and conditions. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it IS mutually agreed by and between the Railroad and <br />Contractor, as follows: <br /> <br />ARTICLE I - <br /> <br />DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this agreement, all references in this agreement to the Contractor shall <br />include the Contractor's contractors, subcontractors, officers, agents and employees, and others <br />acting under its or their authority. <br /> <br />ARTICLE 2 - <br /> <br />RIGHT GRANTED: PURPOSE. <br /> <br />The Railroad hereby grants to the Contractor the right, during the term hereinafter stated <br />and upon and subject to each and all of the terms, provisions and conditions herein contained, to <br />enter upon and have ingress to and egress from the property described in the Recitals for the <br />purpose of performing any work described in the Recitals above. The right herein granted to <br /> <br />Contractor's Permit - 04/01105 <br />Form Approved - A VP Law <br /> <br />Articles of Agreement <br />Page 10f4 <br /> <br />Exhibit D <br />To New Pedestrian Crossing }~greement <br />