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<br />EXHIBIT "C" <br /> <br />CONTRACTOR REQUIREMENTS <br /> <br /> <br />1.01 General: <br /> <br /> 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, <br />hereinafter referred to as "Railway" where work is over or under on or adjacent to <br />Railway property and/or right-of-way, hereafter referred to as "Railway Property", <br />during the construction of the concrete sidewalk path at Main Street in Elk River, <br />MN, DOT 082943J, LS 25, MP 38.468, Staples Subdivision. <br /> <br /> 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies <br />of the Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor <br />to provide and maintain in full force and effect the insurance called for under Section <br />3 of said Exhibit “C-1”. Questions regarding procurement of the Railroad Protective <br />Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303- <br />8519. <br /> <br /> 1.01.03 The Contractor must plan, schedule and conduct all work activities so as <br />not to interfere with the movement of any trains on Railway Property. <br /> <br /> 1.01.04 The Contractor's right to enter Railway's Property is subject to the <br />absolute right of Railway to cause the Contractor's work on Railway's Property to <br />cease if, in the opinion of Railway, Contractor's activities create a hazard to <br />Railway's Property, employees, and/or operations. Railway will have the right to stop <br />construction work on the Project if any of the following events take place: (i) <br />Contractor (or any of its subcontractors) performs the Project work in a manner <br />contrary to the plans and specifications approved by Railway; (ii) Contractor (or any <br />of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner <br />which is hazardous to Railway property, facilities or the safe and expeditious <br />movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 <br />is canceled during the course of the Project; or (iv) Contractor fails to pay Railway <br />for the Temporary Construction License or the Easement. The work stoppage will <br />continue until all necessary actions are taken by Contractor or its subcontractor to <br />rectify the situation to the satisfaction of Railway’s Division Engineer or until <br />additional insurance has been delivered to and accepted by Railway. In the event of <br />a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the <br />Easement, Railway may immediately terminate the Temporary Construction License <br />or the Easement. Any such work stoppage under this provision will not give rise to <br />any liability on the part of Railway. Railway’s right to stop the work is in addition to <br />any other rights Railway may have including, but not limited to, actions or suits for <br />damages or lost profits. In the event that Railway desires to stop construction work