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Manager Evidence Preservation <br /> Section130kbnsf.com <br /> ARTICLE IV-JOINT OBLIGATIONS <br /> In consideration of the mutual covenants of the parties contained herein and the premises, <br /> the parties mutually agree as follows: <br /> I. All cost records of the RAILROAD pertaining to the Project will be open to inspection <br /> and audit at any reasonable time by representatives of the AGENCY (including the <br /> legislative auditor and fiscal analyst for the AGENCY) and the Federal Highway <br /> Administration for a period of not less than three (3) years from the date of the final <br /> RAILROAD invoice under this Agreement. <br /> 2. Upon completion of the installation of the Crossing Signal Equipment, the RAILROAD, <br /> will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment <br /> and the new crossing surface in proper condition. <br /> 3. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or <br /> other laws subsequently passed or amended by the AGENCY or any other appropriate <br /> governmental or legislative authority increase the AGENCY'S portion of maintenance <br /> costs under this Agreement, RAILROAD will receive the benefit of any such regulations, <br /> ordinances, acts, rules or other laws and the AGENCY'S increased portion of <br /> maintenance costs will be incorporated into and made a part of this Agreement. <br /> 4. If a railway or a highway improvement project necessitates rearrangement, relocation, or <br /> alteration of the Crossing Signal Equipment installed hereunder, the costs for such <br /> rearrangement, relocation or alteration will be the responsibility of the party requesting <br /> such changes. <br /> 5. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair <br /> and/or replacement costs must be distributed among the parties as follows: <br /> a) In the event the RAILROAD's sole negligence destroys or damages the Crossing <br /> Signal Equipment, RAILROAD must reimburse AGENCY for the costs to <br /> replace or repair such Crossing Signal Equipment. <br /> b) In the event the Crossing Signal Equipment is damaged or destroyed by any other <br /> cause, AGENCY must, at its sole cost and expense, replace or repair such <br /> Crossing Signal Equipment. <br /> 6. If the Crossing Signal Equipment installed hereunder cannot, through age, be maintained, <br /> or, by virtue of its obsolescence, requires replacement, the cost of installation of new <br /> crossing signal equipment will be negotiated by the parties hereto on the basis of the <br /> 5 <br />