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ROE 920316 <br />Form Approved, AVP-Law <br />EXHIBIT B <br />Section 1 - NOTICE OF COMMENCEMENT OF WORK -FLAGGING. <br />The Licensee agrees to notify the Railroad Representative at least Ten (10) days in advance of <br />Licensee commencing its work and at least 24 hours in advance of proposed performance of any work by <br />the Licensee in which any person or equipment will be within 25 feet of any track, or will be near enough <br />to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within <br />25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform <br />the Licensee whether a flagman need be present and whether the Licensee need implement any special <br />protective or safety measures. If any flagmen or other special protective or safety measures are <br />performed by the Railroad, such services will be provided at Licensee's expense with the understanding <br />that if the Railroad provides any flagging or other services, the Licensee shall not be relieved of any of its <br />responsibilities or liabilities set forth herein. <br />Section 2 - LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. <br />a. The foregoing grant of right is subject and subordinate to the prior and continuing right and <br />obligation of the Railroad to use and maintain its entire property including the right and power of the <br />Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, <br />roadways, signal, communication, fiber optics, or other wielines, pipelines and other facilities upon, <br />along or across any or all parts of its property, all or any of which may be freely done at any time or times <br />by the Railroad without liability to the Licensee or to any other party for compensation or damages. <br />b. The foregoing grant is also subject to all outstanding superior rights (including those in favor <br />of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and <br />extend the same, and is made without covenant of title or for quiet enjoyment. <br />Section 3 - NO INTERFERENCE. WITH RAILROAD'S OPERATION. <br />No work performed by Licensee shall cause any interference with the constant, continuous and <br />uninterrupted use of the tracks, property and facilities of the Railroad, its lessees, licensees or others, <br />unless specifically permitted under this Agreement, or specifically authorized in advance by the Railroad <br />Representative. Nothing shall be done or suffered to be done by the Licensee at any time that would in <br />any manner impair the safety thereof. When not in use, Licensee's machinery and materials shall be kept <br />at least 50 feet from the centerline of Railroad's nearest track, and there shall be no crossings of <br />Railroad's tracks except at existing open public crossings. <br />Section 4 - PERMITS. <br />Prior to beginning any work, the Licensee, at its sole expense, shall obtain all necessary permits <br />to perform any work contemplated by this Agreement. <br />Section 5 - MECHANIC'S LIEl?rS. <br />The Licensee shall pay in full all persons who perform labor or provide materials for the work to <br />be performed by Licensee. The Licensee shall not create, permit or suffer any mechanic's or <br />materialmen's liens of any kind or nature to be enforced against any property of the Railroad for any such <br />Exhibit B