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2 <br />Public Highway At-Grade Crossing Agreement <br />DOT DOT# 980280H, Project 0787250 <br />Section 2. RAILROAD GRANTS RIGHT <br />For and in consideration FORTY ONE THOUSAND NINE HUNDRED TWENTY <br />FOUR DOLLARS ($41,924.00) to be paid by the Political Body to the Railroad upon <br />the execution and delivery of this Agreement and in further consideration of <br />the Political Body’s agreement to perform and comply with the terms of this <br />Agreement, the Railroad hereby grants to the Political Body the right to construct, <br />maintain and repair the Roadway over and across the Crossing Area. <br />Section 3. DEFINITION OF CONTRACTOR <br />For purposes of this Agreement the term “Contractor” shall mean the contractor <br />or contractors hired by the Political Body to perform any Project work on any portion of <br />the Railroad’s property and shall also include the Contractor’s subcontractors <br />and the Contractor’s and subcontractor’s respective employees, officers and agents, <br />and others acting under its or their authority. <br />Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br />A.Prior to Contractor performing any work within the Crossing Area and any <br />subsequent maintenance and repair work, the Political Body shall require the Contractor <br />to: <br />•execute the Railroad's then current Contractor's Right of Entry Agreement <br />•obtain the then current insurance required in the Contractor’s Right of <br />Entry Agreement; and <br />•provide such insurance policies, certificates, binders and/or endorsements <br />to the Railroad. <br />B.The Railroad's current Contractor's Right of Entry Agreement is marked <br />Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms <br />that it will inform its Contractor that it is required to execute such form of agreement and <br />obtain the required insurance before commencing any work on any Railroad property. <br />Under no circumstances will the Contractor be allowed on the Railroad's property without <br />first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the <br />insurance set forth therein and also providing to the Railroad the insurance policies, <br />binders, certificates and/or endorsements described therein. <br />C.All insurance correspondence, binders, policies, certificates and/or <br />endorsements shall be sent to: <br />Manager - Contracts <br />Union Pacific Railroad Company <br />Real Estate Department <br />1400 Douglas Street, Mail Stop 1690 <br />Omaha, NE 68179-1690