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EXHIBIT 4 <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 />