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<br />~ _ aUILDING AMERlCAw
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<br />Contractor's Permit ExA 03/01/05
<br />Form Approved, AVP-Law
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<br />EXHIBIT A
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<br />TO CONTRACTOR'S PERMIT
<br />
<br />TERMS AND CONDITIONS
<br />
<br />Section 1.
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<br />NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
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<br />A. The Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
<br />commencing its work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in
<br />which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any
<br />equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of
<br />any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located,
<br />operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a
<br />Railroad flagman is provided to watch for trains. Upon receipt of such ten (1 D)-day notice, the Railroad Representative will
<br />determine and inform the Contractor whether a fiagman need be present and whether the Contractor need implement any
<br />special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad,
<br />such services will be provided at Contracto~s expense with the understanding that if the Railroad provides any flagging or other
<br />services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly
<br />pay to Railroad all charges connected with such services within thirty (30) days after presentation of a bill.
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<br />B. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of
<br />men used during regularty assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the
<br />time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
<br />supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
<br />Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
<br />composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for
<br />overtime, Saturdays and Sundays; two and one-half times current hourty rate for holidays. Wage rates are subject to change, at
<br />any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or
<br />a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or
<br />additional charges are changed, the Contractor shall pay on the basis of the new rates and charges.
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<br />C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is
<br />furnished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement
<br />will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement
<br />will also be required for any day not actually worked by said flagman following his assignment to work on the project for
<br />which the Railroad is required to pay the flagman and which couid not reasonably be avoided by the Railroad by
<br />assignment of such flagman to other work, even though the Contractor may not be working during such time. When it
<br />becomes necessary for the Railroad to bulletin and assign an employee to a flagging position in compliance with union
<br />collective bargaining agreements, the Contractor must provide the Railroad a minimum of five (5) days notice prior to the
<br />cessation of the need for a flagman. If five (5)-days notice of cessation is not given, the Contractor will still be required to
<br />pay flagging charges for the five (5)-day notice period required by union agreement to be given to the employee, even
<br />though flagging is not required for that period. An additional ten (10) days notice must then be given to the Railroad if
<br />flagging service are needed again after such five day cessation notice has been given Railroad.
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<br />Section 2.
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<br />LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
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<br />A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to
<br />use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use,
<br />operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines
<br />and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or
<br />times by the Railroad without liability to the Contractor or to any other party for compensation or damages.
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<br />B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant
<br />of title or for quiet enjoyment.
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<br />Section 3.
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<br />NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
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<br />A. The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and
<br />operation of the railroad tracks and property of the Railroad, including without limitation, the operations of the Railroad's lessees,
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<br />Contractor's Permit ExA 03101105
<br />Form Approved, AVP-Law
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<br />Page 1 of4
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<br />Exhibit A
<br />To Contracto~s Permit
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