ORANGE COUNTY TRANSPORTATION AUTHORITY LICENSE AGREEMENT (2) - 2009

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C. For any excavation within the railroad Right of Way; D. For any clearing, grubbing, grading or blasting in proximity to the Right of Way which, in the opinion of SCRRA or Member Agency's representative, may endanger the Right of Way or operations; E. For any street construction and maintenance activities, located within the Right of Way or in the vicinity of an at grade crossing, requiring temporary work area traffic control; F. For any work activity on or adjacent to the Right of Way as required by the Maintenance of Way (MOW) office. "The Contractor shall notify the SCRRA Training Officer (909-859-4113) to schedule mandatory safety training. Upon completion of safety training, the Contractor shall notify the SCRRA Maintenance of Way office (909-392-4506) a minimum of five (5) working days prior to beginning work on the Right of Way and secure any gotection SCRRA deems necessary. This prior notification does not guarantee the availability of on track safety protection for the proposed date of construction. To the full extent of Paragraph 5 above (Indemnification), Contractor agrees to indemnify SCRRA against any and all claims resulting from sickness or any other absence. 12. Reimbursement of Costs and Expenditures The Contractor agrees to reimburse SCRRA or Member Agency for all cost and expense incurred by SCRRA or Member Agency in connection with said work, including without limitation the expense of engineering plan review, staff costs to process approvals and agreements, safety training, furnishing an SCRRA Railroad Employee and protective services as SCRRA deems necessary. Contractor agrees to reimburse SCRRA for all construction related services including but not limited to installation and removal of falsework beneath tracks, restoration of railroad roadbed and tracks, installation of appropriate protective devices, temporary and permanent repairs of signal or communication equipment, restoration of the Right of Way to a condition satisfactory to SCRRA's and Member Agency's representative. The Contractor agrees to reimburse SCRRA or Member Agency actual cost and expense reasonably incurred for all services and work performed in connection with said work, including SCRRA's allocated overhead and fringe benefits. SCRRA will charge the Contractor four hours minimum for the mandatory safety training class and for other services four hours or less in duration. SCRRA will charge the Contractor for eight hours minimum if the Contractor cancels SCRRA services after SCRRA Railroad Employee or SCRRA Safety Training Officer is on site on the day of the appointment. The Contractor also agrees to reimburse SCRRA, Member Agency and/or Operating Railroad for any and all cost and expense incurred as a result of Contractor's work which may result in (i) unscheduled delay to the trains or interference in any manner with the operation of trains, (ii) unschedule d disruption to normal train operation, (iii) unreasonable inconvenience to the public or private user of the system, (iv) loss of revenue and (v) alternative method of transportation for passengers. SCRRA will submit final bills to the Contractor for cost incurred. Prior to commencement of work, the Contractor shall deposit with SCRRA the sum of dollars ($) representing the estimated expense to be incurred by SCRRA and Member Agency in connection with said work. As the work progresses, SCRRA may require additional progress payments as the scope of work changes or becomes clearer. SCRRA may discontinue services to Contractor pending receipt of progress payments. The deposit and progress payments shall be applied to SCRRA's and Member Agency's actual costs and expenditures. The Contractor shall be responsible to pay any amount exceeding the above payments upon receipt of notice or invoice by SCRRA. SCRRA shall exercise its best efforts to provide fmal invoicing to Contractor within 90 days following completion of the work; however, Contractor acknowledges that it shall be responsible for payment of all expenses SCRRA FORM NO. 6 Page 5 of 13 Rev. 9/18/06