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<br />an audit discloses that Railroad has been overpaid, Railroad shall reimburse Licensee for the <br />amount of any such overpayment. If the audit reveals that Railroad has been underpaid, <br />Licensee will pay Railroad the amount of the underpayment. <br /> <br />Section 4. <br /> <br />SCHEDULE. <br /> <br />The Licensee anticipates that the Pathway, including the Crossing, will be completed and <br /> <br />open to the public not later than <br /> <br />. Railroad agrees to cooperate and <br /> <br />(Completion Date) <br />coordinate the construction of the Crossing with the Licensee. <br /> <br />Section 5. <br /> <br />USE AND MAINTENANCE OF CROSSING. <br /> <br />A. Railroad, at Licensee's sole expense, will maintain and repair the Crossing surface within <br />two feet outside of each raiL <br /> <br />8. Licensee, at its sole expense, shall: <br /> <br />. construct, maintain and repair the Crossing approach surface located <br />on the Property <br /> <br />. construct, maintain and repair the railroad warning signs on both sides <br />of the Crossing, and <br /> <br />. construct, maintain and repair turn-styles on both sides of the Crossing <br />and off of the Railroad's property as originally designed and approved <br />by the Licensee, the California Public Utilities Commission (CPUC) <br />and the Railroad. <br /> <br />Section 6. <br /> <br />CHANGE IN GRADE. <br /> <br />If at any time, Railroad shall, or be required by competent authority, to raise or lower the <br />grade of the trackage within the Crossing area, the Licensee, at its sole expense, shall conform <br />the Crossing located within the Property to conform with the change of grade of the railroad <br />trackage. <br /> <br />Section 7. <br /> <br />SAFETY AND PERFORMANCE OF WORK. <br /> <br />A. The Licensee confirms that all work described in Section 28 above will be performed by <br />a contractor or contractors hired by the Licensee. The Licensee agrees to require each of its <br />contractors (and their respective subcontractors) to execute Railroad's form of Contractor's <br />Permit that is marked Exhibit D, hereto attached and hereby made a part hereof, and to provide <br />to Railroad the insurance binders or certificates of coverage set forth in Exhibit 2 of the Permit <br />before commencing any work on Railroad's property. <br />