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4. BNSF will have the right to stop construction work on the Project if any of the <br /> following events take place: (i) Agency (or any of its contractors) performs the Project <br /> work in a manner contrary to the plans and specifications approved by BNSF; (ii) <br /> Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a <br /> manner that is hazardous to BNSF property, facilities or the safe and expeditious <br /> movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is <br /> canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the <br /> Temporary Construction License or the Easement pursuant to Article II, Section 1 of this <br /> Agreement. The work stoppage will continue until all necessary actions are taken by <br /> Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division <br /> Engineer or until proof of additional insurance has been delivered to and accepted by <br /> BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction <br /> License, or (iii) the Easement, BNSF may immediately terminate the Temporary <br /> Construction License or the Easement. Any such work stoppage under this provision <br /> will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in <br /> addition to any other rights BNSF may have including, but not limited to, actions or suits <br /> for damages or lost profits. In the event that BNSF desires to stop construction work on <br /> the Project, BNSF agrees to immediately notify the following individual in writing: <br /> Heather Griffin, P.E. 1425.257.7206 <br /> City of Everett Public Works <br /> 3200 Cedar St Everett, WA 98201 <br /> hgriffin@everettwa.gov <br /> 5. Agency must supervise and inspect the operations of all Agency contractors to <br /> ensure compliance with the plans and specifications approved by BNSF, the terms of <br /> this Agreement and all safety requirements of BNSF. If BNSF determines that proper <br /> supervision and inspection are not being performed by Agency personnel at any time <br /> during construction of the Project, BNSF has the right to stop construction (within or <br /> adjacent to its operating right-of-way). Construction of the Project will not proceed until <br /> Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the <br /> situation is not being corrected in an expeditious manner, BNSF will immediately notify <br /> Heather Griffin, P.E. 1425.257.7206 <br /> City of Everett Public Works <br /> 3200 Cedar St Everett, WA 98201 <br /> hgriffin@everettwa.gov <br /> for appropriate corrective action. <br /> 11 <br />