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Contractor's ROE (Generic) 08 -15 -07 <br />Form Approved - AVP Law BUILDING AMERICA' <br />UPRR Folder No.: 2232 -76 <br />UPRR Audit No.: 232177 <br />CONTRACTOR'S RIGHT OF ENTRY <br />AGREEMENT <br />THIS AGREEMENT is made and entered into as of the day of <br />20t THIS <br />by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation <br />( "Railroad "); and <br />(NAME OF CONTRACTOR) <br />a corporation ( "Contractor "). <br />(State of Corporation) <br />RECITALS: <br />Contractor has been hired by the City of Santa Ana ( "City ") to perform work relating to the signal <br />and surface improvements to the existing Raitt Street at -grade public road crossing (the "work "), <br />with all or a portion of such work to be performed on property of Railroad in the vicinity of the <br />Railroad's Mile Post 522.04 on the Railroad's Santa Ana Industrial Lead in Santa Ana, Orange <br />County, California, as such location is in the general location shown on the Railroad Location Print <br />marked Exhibit A, and as specified on the Detailed Print marked Exhibit A -1, each attached hereto <br />and hereby made a part hereof, which work is the subject of a Supplemental Agreement dated <br />between Railroad and the City. <br />(Date of Contract) <br />The Railroad is willing to permit the Contractor to perform the work described above at the <br />location described above subject to the terms and conditions contained in this Agreement <br />AGREEMENT: <br />NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as <br />follows: <br />ARTICLE 1 - DEFINITION OF CONTRACTOR. <br />For purposes of this Agreement, all references in this agreement to Contractor shall include <br />Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its <br />or their authority. <br />ARTICLE 2 - RIGHT GRANTED: PURPOSE. <br />Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and <br />subject to each and all of the terms, provisions and conditions herein contained, to enter upon and <br />have ingress to and egress from the property described in the Recitals for the purpose of performing <br />Contractor's ROE (Generic) 08 -15 -07 Page 1 of 4 July 24, 2009 <br />Form Approved - AVP Law <br />