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EXHIBIT 2 <br />Political Body's own expense, or by the Railroad at the expense of the Political Body, <br />and to the satisfaction of the Railroad's Assistant Vice President Engineering -Design. <br />SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK <br />The Railroad may contract for the performance of any of its work by other than <br />the Railroad forces. The Railroad shall notify the Political Body of the contract price <br />within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed <br />on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of <br />the contract. <br />SECTION 5. MAINTENANCE AND REPAIRS <br />A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or <br />cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, <br />except the portions between the track tie ends, which shall be maintained by the <br />Railroad at the Political Body's expense. <br />B. If, in the future, the Political Body elects to have the surfacing material between <br />the track tie ends, or between tracks if there is more than one railroad track across the <br />Crossing Area, replaced with paving or some surfacing material other than timber <br />planking, the Railroad, at the Political Body's expense, shall install such replacement <br />surfacing, and in the future, to the extent repair or replacement of the surfacing is <br />necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing <br />Area, the Political Body shall bear the expense of such repairs or replacement. <br />SECTION 6. CHANGES IN GRADE <br />If at any time the Railroad shall elect, or be required by competent authority to, <br />raise or lower the grade of all or any portion of the track(s) located within the Crossing <br />Area, the Political Body shall, at its own expense, conform the Roadway to conform with <br />the change of grade of the trackage. <br />SECTION 7. REARRANGEMENT OF WARNING DEVICES <br />If the change or rearrangement of any warning device installed hereunder is <br />necessitated for public or Railroad convenience or on account of improvements for <br />either the Railroad, highway or both, the parties will apportion the expense incidental <br />thereto between themselves by negotiation, agreement or by the order of a competent <br />authority before the change or rearrangement is undertaken. <br />SECTION 8. SAFETY MEASURES; PROTECTION <br />OF RAILROAD COMPANY OPERATIONS <br />It is understood and recognized that safety and continuity of the Railroad's <br />operations and communications are of the utmost importance; and in order that the <br />3 <br />