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EXHIBIT 2 <br /> AGREEMENT: <br /> NOW, THEREFORE, it is mutually agreed by and between the parties hereto as <br /> follows; <br /> Section 1. EXHIBIT B <br /> The general terms and conditions marked Exhibit B, are attached hereto and <br /> hereby made a part hereof. <br /> Section 2. RAILROAD GRANTS RIGHT <br /> For and in consideration of the sum of Fifty Three Thousand Five Hundred <br /> Seventy Dollars ($53,570.00) to be paid by the Political Body to the Railroad upon the <br /> execution and delivery of this Agreement and in further consideration of the Political <br /> Body's agreement to perform and comply with the terms of this Agreement, the Railroad <br /> hereby grants to the Political Body the right to construct, maintain and repair the Roadway <br /> over and across the Crossing Area. <br /> Section 3. DEFINITION OF CONTRACTOR <br /> For purposes of this Agreement the term "Contractor" shall mean the contractor or <br /> contractors hired by the Political Body to perform any Project work on any portion of the <br /> Railroad's property and shall also include the Contractor's subcontractors and the <br /> Contractor's and subcontractor's respective employees, officers and agents, and others <br /> acting under its or their authority. <br /> Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br /> A. Prior to Contractor performing any work within the Crossing Area and any <br /> subsequent maintenance and repair work, the Political Body shall require the Contractor <br /> to: <br /> • execute the Railroad's then current Contractor's Right of Entry Agreement <br /> obtain the then current insurance required in the Contractor's Right of <br /> Entry Agreement; and <br /> • provide such insurance policies, certificates, binders and/or endorsements <br /> to the Railroad. <br /> B. The Railroad's current Contractor's Right of Entry Agreement is marked <br /> Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms <br /> that it will inform its Contractor that it is required to execute such form of agreement and <br /> obtain the required insurance before commencing any work on any Railroad property. <br /> Under no circumstances will the Contractor be allowed on the Railroad's property without <br /> first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the <br /> 2 <br />