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disruptions of train service to the Foidel Creek Mine, and TMC shall reimburse <br />Railroad for any and all expenses incurred in connection with such activities during <br />the Term and the period set forth in Section 4(k) below in accordance with, and to the <br />extent required by, Section 3 above; <br />h. TMC will provide and install any and all right of way fencing required by the Project; <br />Railroad shall provide personnel to inspect a subsided segment of the Energy Spur <br />prior to a train entering such segment to determine whether it is safe to bring trains in <br />over the track, and a signed copy of the inspection reports will be provided to TMC <br />on a daily basis. Notwithstanding the foregoing, Railroad's inspection of the track <br />shall be performed solely for Railroad's own purposes and benefit, and any reliance <br />by TMC on such inspections shall be at the risk of TMC and shall in no way alleviate <br />or relieve TMC of its obligations under this Agreement; <br />j. Until Railroad approves the grade and profile of the portions of the Energy Spur <br />affected by the Project as being returned to an acceptable approximation of the <br />original prior to subsidence, TMC shall, at its sole cost and expense, perform surveys <br />of the subsided segment of the Energy Spur which overlies the Project Area after <br />restoration and resurfacing to determine whether the track has been returned to the <br />approved alignment or whether additional surfacing work is required after the <br />predicted subsidence has occurred; <br />k. TMC and Railroad shall inspect the segment of the Energy Spur which overlies the <br />Project Area on an annual basis for a period of two (2) years after the expiration of <br />the Term or any earlier termination of this Agreement, as provided herein, and TMC <br />will be responsible for reimbursing Railroad during such period for any additional <br />alignment and/or surfacing work required and performed by Railroad to the extent <br />necessitated by subsidence caused or exacerbated by the Project; and <br />TMC shall insure that its employees, agents, licensees, contractors, subcontractors, <br />and invitees who enter upon the Energy Spur shall comply with the terms of this <br />Agreement. To the extent that TMC hires any contractors and/or subcontractors to <br />perform any work in connection with the Project on Railroad's property, TMC shall <br />require any such contractor or subcontractor to execute the form of Contractor's Right <br />of Entry Agreement (the "CROE") attached hereto and made a part hereof as Exhibit <br />"B" and to comply with the requirements of the CROE, including, without limitation, <br />the insurance requirements. <br />5. Subsidence Surveys. TMC may establish subsidence monitoring monuments within the <br />Energy Spur right-of-way and survey as needed, but no closer to the track than ten (10) <br />feet outside the toe of the slope of the ballast or fill. <br />6. Encumbrances. TMC shall keep all Railroad property free and clear of any and all liens <br />and encumbrances arising or which might arise for any work necessitated by subsidence <br />caused or exacerbated by the Project. Notwithstanding the foregoing, in the event that <br />Subsidence Agreement TMC -UP <br />DEC -1781676-9 <br />