Union Pacific Railroad Company 7

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Signal Interconnect 010126 Form Approved, AVP -Law Folder No.: 2098 -12 Railroad's actual costs. Actual costs to the Railroad shall include customary additives to materials, services and labor provided by the Railroad. Within one hundred twenty (120) days after Railroad has completed its work, the Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within Thirty (30) days of its receipt of all bills submitted by the Railroad. SECTION 2 - CONSTRUCTION AND MAINTENANCE Railroad will furnish all labor, material, equipment and supervision for and shall install traffic pre - emption in an existing cabin. SECTION 3 - PAYMENT In addition to the payment set forth in Section 1D above, in consideration of Political Body's agreement to perform and abide by the terms of this Agreement and the work to be performed by Railroad, Political Body agrees to pay Railroad an administrative fee of FIVE HUNDRED DOLLARS ($500.00) upon the execution of this Agreement. SECTION 4 - a). Except as set forth in Section 5, Political Body shall not be liable to Railroad on account of any failure of Railroad's flasher lights to operate properly nor shall Railroad have or be entitled to maintain any action against Political Body arising from any failure from Railroad's flasher lights to operate properly. Similarly, Railroad shall not be liable to Political Body on account of any failure of Political Body's traffic signal to operate properly nor shall Political Body have or be entitled to maintain any action against Railroad arising from any failure of Political Body's traffic signal to operate properly. b). Political Body reserves the right to cancel this agreement for any reason and at any time prior to Railroad proceeding with any part of the work outlined herein. c). Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1- 800 - 336 -9193 (also a 24 -hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Political Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the telecommunication company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. SECTIONS - INTERFERENCE Each party shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the other party's signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference. 2098 -12 City of Santa Ana, CA Page 2 July 31, 2002 Greenville Street