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ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B. C AND D. <br />The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are <br />hereby made a part of this Agreement. <br />ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE. <br />A. Contractor shall bear any and all costs and expenses associated with any work <br />performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. <br />B. Contractor shall coordinate all of its work with the following Railroad representative or his <br />or her duly authorized representative (the "Railroad Representative"): <br />C. Contractor, at its own expense, shall adequately police and supervise all work to be <br />performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in <br />Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and <br />supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of <br />plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or <br />by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any <br />requests or recommendations made by Railroad Representative. <br />ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. <br />The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to <br />the Railroad Representative named in Article 4B above. The reports shall start at the execution of this <br />Agreement and continue until this Agreement is terminated as provided in this Agreement or until the <br />Contractor has completed all work on Railroad's property. <br />ARTICLE 6 - TERM: TERMINATION. <br />A. The grant of right herein made to Contractor shall commence on the date of this <br />Agreement, and continue until , unless sooner terminated as herein <br />provided, or at such time as Contractor has completed its work on Railroad's property, whichever is <br />earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work <br />on Railroad's property. <br />B. This Agreement may be terminated by either party on ten (10) days written notice to the <br />other party. <br />ARTICLE 7 - CERTIFICATE OF INSURANCE. <br />A. Before commencing any work, Contractor will provide Railroad with the (i) insurance <br />binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the <br />insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of <br />this Agreement. <br />sent to: <br />B. All insurance correspondence, binders, policies, certificates and endorsements shall be <br />Union Pacific Railroad Company <br />Ex. B <br />Subsidence Agreement TMC -UP <br />DEC -1781676-9 <br />