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EXHIBIT 4 <br /> J. Excavation. The Political Body shall not excavate from existing slopes nor <br /> construct new slopes which are excessive and may create hazards of slides or falling <br /> rock, or impair or endanger the clearance between existing or new slopes and the tracks <br /> of the Railroad. The Political Body shall not do or cause to be done any work which will <br /> or may disturb the stability of any area or adversely affect the Railroad's tracks or <br /> facilities. The Political Body, at its own expense, shall install and maintain adequate <br /> shoring and cribbing for all excavation and/or trenching performed by the Political Body <br /> in connection with construction, maintenance or other work. The shoring and cribbing <br /> shall be constructed and maintained with materials and in a manner approved by the <br /> Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely <br /> to be encountered, including any stresses resulting from vibrations caused by the <br /> Railroad's operations in the vicinity. <br /> K. Drainage. The Political Body, at the Political Body's own expense, shall provide <br /> and maintain suitable facilities for draining the Roadway and its appurtenances, and <br /> shall not suffer or permit drainage water therefrom to flow or collect upon property of the <br /> Railroad. The Political Body, at the Political Body's own expense, shall provide <br /> adequate passageway for the waters of any streams, bodies of water and drainage <br /> facilities (either natural or artificial, and including water from the Railroad's culvert and <br /> drainage facilities), so that said waters may not, because of any facilities or work of the <br /> Political Body, be impeded, obstructed, diverted or caused to back up, overflow or <br /> damage the property of the Railroad or any part thereof, or property of others. The <br /> Political Body shall not obstruct or interfere with existing ditches or drainage facilities. <br /> L. Notice. Before commencing any work, the Political Body shall provide the <br /> advance notice to the Railroad that is required under the Contractor's Right of Entry <br /> Agreement. <br /> M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's <br /> property. Protection of the fiber optic cable systems is of extreme importance since any <br /> break could disrupt service to users resulting in business interruption and loss of <br /> revenue and profits. Political Body shall visit up.com/CRUD to complete and submit the <br /> required form to determine if fiber optic cable is buried anywhere on Railroad's property <br /> to be used by the Political Body. If it is, Political Body will telephone the <br /> telecommunications company(ies) involved, arrange for a cable locator, and make <br /> arrangements for relocation or other protection of the fiber optic cable prior to beginning <br /> any work on the Railroad's premises. <br /> SECTION 9. INTERIM WARNING DEVICES <br /> If at anytime it is determined by a competent authority, by the Political Body, or <br /> by agreement between the parties, that new or improved train activated warning devices <br /> should be installed at the Crossing Area, the Political Body shall install adequate <br /> temporary warning devices or signs and impose appropriate vehicular control measures <br /> to protect the motoring public until the new or improved devices have been installed. <br /> 7 <br />