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Contract Number: BF-20583561 <br /> <br />14 of 59 <br />Agency’s increased portion of maintenance costs will be incorporated into and <br />made a part of this Agreement. <br /> <br />H. If a railway or highway improvement project necessitates rearrangement, <br />relocation, or alteration of the Crossing Signal Equipment, Crossing Signal <br />House, or the new crossing surface installed hereunder, the costs for such <br />rearrangement, relocation or alteration will be the responsibility of the party <br />requesting such changes. <br /> <br />I. If any of the Crossing Signal Equipment is partially or wholly destroyed, then <br />such repair and/or replacement costs must be distributed among the parties as <br />follows: <br /> <br />i) In the event the MNNR’s sole negligence destroys or damages the <br />Crossing Signal Equipment and/or the Crossing Signal House, MNNR <br />must, at its sole cost and expense, replace or repair such Crossing Signal <br />Equipment and/or Crossing Signal House. <br /> <br />ii) In the event the Crossing Signal Equipment is damaged or destroyed by <br />any other cause, Agency must reimburse MNNR for the costs to replace or <br />repair such Crossing Signal Equipment and/or Crossing Signal House. <br /> <br />J. If the Crossing Signal Equipment and/or Crossing Signal House installed <br />hereunder cannot, through age, be maintained, or by virtue of its obsolescence, <br />requires replacement, the cost of installation of the new crossing signal <br />equipment and/or new crossing signal house will be negotiated by the parties <br />hereto on the basis of the current Federal Aid Railroad Signal Program <br />participation and applicable Agency at the time of such replacement is <br />warranted. <br /> <br />K. MNNR will operate and maintain, at its expense, the railroad crossing warning <br />devices up to the contact terminals in the interface box. <br /> <br />10) Agency must notify and obtain prior authorization from BNSF's Manager of Public <br />Project and MNNR before entering BNSF's right-of-way for Inspection and <br />Maintenance purposes and MNNR will determine if flagging is required. If the <br />construction work hereunder is contracted, Agency must require its prime <br />contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as <br />the same may be revised from time to time. Agency will be responsible for its <br />contractor(s) compliance with such obligations. <br />