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EXHIBIT 2 <br />F. If any property or rights other than the right hereby granted are necessary for the <br />construction, maintenance and use of the Roadway and its appurtenances, or for the <br />performance of any work in connection with the Project, the Political Body will acquire <br />all such other property and rights at its own expense and without expense to the <br />Railroad. <br />SECTION 2. CONSTRUCTION OF ROADWAY <br />A. The Political Body, at its expense, will apply for and obtain all public authority <br />required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad <br />upon request with satisfactory evidence that such authority has been obtained. <br />B. Except as may be otherwise specifically provided herein, the Political Body, at its <br />expense, will furnish all necessary labor, material and equipment, and shall construct <br />and complete the Roadway and all appurtenances thereof. The appurtenances shall <br />include, without limitation, all necessary and proper highway warning devices (except <br />those installed by the Railroad within its right of way) and all necessary drainage <br />facilities, guard rails or barriers, and right of way fences between the Roadway and the <br />railroad tracks. Upon completion of the Project, the Political Body shall remove from the <br />Railroad's property all temporary structures and false work, and will leave the Crossing <br />Area in a condition satisfactory to the Railroad. <br />C. All construction work of the Political Body upon the Railroad's property (including, <br />but not limited to, construction of the Roadway and all appurtenances and all related <br />and incidental work) shall be performed and completed in a manner satisfactory to the <br />Assistant Vice President Engineering -Design of the Railroad or his authorized <br />representative and in compliance with the Plans, and other guidelines furnished by the <br />Railroad. <br />D. All construction work of the Political Body shall be performed diligently and <br />completed within a reasonable time. No part of the Project shall be suspended, <br />discontinued or unduly delayed without the Railroad's written consent, and subject to <br />such reasonable conditions as the Railroad may specify. It is understood that the <br />Railroad's tracks at and in the vicinity of the work will be in constant or frequent use <br />during progress of the work and that movement or stoppage of trains, engines or cars <br />may cause delays in the work of the Political Body. The Political Body hereby assumes <br />the risk of any such delays and agrees that no claims for damages on account of any <br />delay shall be made against the Railroad by the State and/or the Contractor. <br />SECTION 3. INJURY AND DAMAGE TO PROPERTY <br />If the Political Body, in the performance of any work contemplated by this <br />Agreement or by the failure to do or perform anything for which the Political Body is <br />responsible under the provisions of this Agreement, shall injure, damage or destroy any <br />property of the Railroad or of any other person lawfully occupying or using the property <br />of the Railroad, such property shall be replaced or repaired by the Political Body at the <br />2 <br />