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EXHIBIT 2 <br /> no representations or warranty as to the validity, accuracy, legal compliance or <br /> completeness of the Plans and that any reliance by the Political Body or Contractor on <br /> the Plans is at the risk of the Political Body and Contractor. <br /> Section 9. NON-RAILROAD IMPROVEMENTS <br /> A. Submittal of plans and specifications for protecting, encasing, reinforcing, <br /> relocation, replacing, removing and abandoning in place all non-railroad owned facilities <br /> (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, <br /> fiber optics, pipelines, wirelines, communication lines and fences is required under <br /> Section 8. The Non Railroad Facilities plans and specifications shall comply with <br /> Railroad's standard specifications and requirements, including, without limitation, <br /> American Railway Engineering and Maintenance-of-Way Association ("AREMA") <br /> standards and guidelines. Railroad has no obligation to supply additional land for any <br /> Non Railroad Facilities and does not waive its right to assert preemption defenses, <br /> challenge the right-to-take, or pursue compensation in any condemnation action, <br /> regardless if the submitted Non Railroad Facilities plans and specifications comply with <br /> Railroad's standard specifications and requirements. Railroad has no obligation to permit <br /> any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property, <br /> B. Upon Railroad's approval of submitted Non Railroad Facilities plans and <br /> specifications, Railroad will attempt to incorporate them into new agreements or <br /> supplements of existing agreements with Non Railroad Facilities owners or operators, <br /> Railroad may use its standard terms and conditions, including, without limitation, its <br /> standard license fee and administrative charges when requiring supplements or new <br /> agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence <br /> before a supplement or new agreement has been fully executed by Railroad and the Non <br /> Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree <br /> in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be <br /> Plans pursuant to Section 813, (ii) deem the Non Railroad Facilities part of the Structure, <br /> and (iii) supplement this Agreement with terms and conditions covering the Non Railroad <br /> Facilities. <br /> Section 10. EFFECTIVE DATE; TERM; TERMINATION <br /> A. This Agreement is effective as of the Effective Date first herein written and <br /> shall continue in full force and effect for as long as the Roadway remains on the Railroad's <br /> property. <br /> B. The Railroad, if it so elects, may terminate this Agreement effective upon <br /> delivery of written notice to the Political Body in the event the Political Body does not <br /> commence construction on the portion of the Project located on the Railroad's property <br /> within twelve (12) months from the Effective Date. <br /> C. If the Agreement is terminated as provided above, or for any other reason, <br /> the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in <br /> 5 <br />