ORANGE COUNTY TRANSPORTATION AUTHORITY LICENSE AGREEMENT (2) - 2009

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contractor (SCRRA General Code of Operating Rules and Territory Qualified) providing warning to Public Agency or Contractor personnel of approaching trains or on track equipment and who has the authority to halt work and to remove personnel from the Right of Way to assure safe work. G. SCRRA Safety Training Officer is a Southern California Regional Rail Authority employee (SCRRA General Code of Operating Rules qualified) authorized by the SCRRA Director of Engineering and Construction to provide Contractor training. 2. References When working on the Right of Way, the Contractor must comply with the rules and regulations contained in the current editions of the following documents which are "references" incorporated in this document as if they were set out in full in this paragraph. The Contractor, by its signature on this Agreement, acknowledges receipt of these documents and agrees to abide by said rules and regulations at all times when on the Right of Way. A. Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37. B. General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Right of Way. 3. Entry Onto Right of Way No verbal approvals will be granted. The Contractor shall not enter onto the Right of Way unless Contractor has arranged for SCRRA safety training as well as protective services (SCRRA Railroad Employee (SRE) and/or other protective services to be determined by SCRRA) and has paid all charges and fees. A fully executed copy this Form 6 must be in the possession of the contractor at the job site and must be produced by Contractor upon request by SCRRA, a law enforcement officer or Member Agency's representative. If said Agreement is not produced, SCRRA has the right to suspend work in the Right of Way until Contractor demonstrates possession of Agreement at the job site. 4. Termination of Agreement SCRRA or Member Agency reserves the right to terminate or revoke this temporary Agreement at any time upon two hours notice; however, in the event of an unsafe condition on the Right of Way, SCRRA shall have the right to terminate this Agreement immediately, without any advanced notice. Unless subsequently modified, extended, temvnated or revoked by SCRRA, this temporary Agreement shall extend until the work authorized hereunder is completed or accepted by SCRRA. In any event, however, the Agreement shall be automatically terminated if Q when the insurance that the Contractor is required to maintain hereunder lapses or expires. The Contractor agrees to return the Property to a condition substantially the same as before construction, including replacement, repair, or reinstallation of railroad signs and property. Railroad signs include but are not limited to "No Trespassing", "Speed Limit", "Milepost", "Whistle", "Station Stop" and "Fiber Optics". The Contractor agrees to notify SCRRA, in writing and orally, when use of the Right of Way or work is completed (see Section 18 of this Agreement for SCRRA contact). Under no circumstances shall the temporary right of entry provided for under this Agreement be construed as granting to the Contractor or its Subcontractors and agents any right, title or interest of any kind or character in, on or about any Property. At the request of SCRRA or Member Agency, Contractor shall remove from the Right of Way any employee or other individual who has not completed safety training or otherwise fails to conform to the instructions of SCRRA's or Member Agency's representative in connection with work on the Right of Way. Any right of Contractor to enter upon the Right of Way shall be suspended until such request of SCRRA or Member Agency is met. Contractors shaIl defend, indemnify and hold harmless SCRRA and Member Agency against any claim arising from the removal of any such employee or other individual SCRRA FORM NO. 6 Page 2 of 13 Rev. 9/I 8/06