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<br />2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and
<br />repair said Facility, placing same in accordance with the specifications provided in application dated May 18, 1994,
<br />heretofore approved by Burlington's Division Engineer.
<br />Permittee shall fill in the excavation and restore the surface of the ground upon which the Facility is located
<br />to its previous condition subject to the approval of the General Manager of the Division of Burlington upon which
<br />the Facility is located. Said General Manager shall have the right at any time when in his judgment it becomes
<br />necessary or advisable to require any material used in the work to be replaced with like material or with material of a
<br />more permanent character; also to require additional work or change of location of said Facility as a matter of safety
<br />and/or appearance, or on account of additional tracks being laid, change of grade thereof, construction of a
<br />building, or for any other reason whether or not connected with the operation, maintenance, or improvement of
<br />Burlington, all of which shall be done at the expense of Permittee in the manner herein provided.
<br />3. Permittee shall give to the General Manager at least two (2) days advance notice of any work to be done
<br />by Permittee in the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal
<br />of said Facility, and shall conduct said work in such a manner as not to interfere with the maintenance and operation
<br />of Burlington.
<br />4. In the event that Burlington, at the request of Permittee or any agent or contractor of Permittee, or for
<br />the protection of its property and operations, performs any work, furnishes any material or flagging service, or incurs
<br />any expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change
<br />of location, removal of the Facility, or otherwise, Permittee shall reimburse Burlington for the cost thereof within
<br />twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction,
<br />maintenance, repair, change of location, or removal of the Facility requires any or all of the following work: removal
<br />and replacement of track, bridging, protection of track or other Burlington facilities by work or flagging,
<br />engineering, and/or supervision, such work is to be performed by Burlington employees and the cost borne by
<br />Permittee.
<br />5. (a) Fiber optic cable systems may be buried on Burlington's property.- Permittee shall telephone
<br />Burlington's Communications Network Control Center at 1-800-533-2891 (a 24 hour number) to determine if fiber
<br />optic cable is buried anywhere on Burlington's property to be used by Permittee. The Communications Network
<br />Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee
<br />as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's
<br />property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold
<br />Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation,
<br />attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of
<br />Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage
<br />to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on
<br />Burlington's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications
<br />company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of -
<br />action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication
<br />company(ies).
<br />6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with
<br />the Facility which, in the opinion of Burlington, interferes with train signals in any way, telephone or telegraph lines,
<br />or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference, shall forthwith
<br />discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and
<br />eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and
<br />against any damages, claims, losses, suits, or expenses in any manner arising from or growing out of interference with
<br />the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding
<br />system.
<br />R/WOccupancy Permit
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