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14 <br />Form Approved by VP -Law 02-24478 <br />7. (a) Permittee shall notify Railroad's Roadmaster, Jeff Strop at 2900 Bond Street, <br />Everett WA 98201, telephone 425-304-6690, and Trent Hudak, Manager <br />Engineering at 206-625-6150 at least five (5) business days prior to entering the <br />Premises. After completion of use of the Premises for the purpose specified in <br />Section 3, Permittee shall notify Railroad that such use has been completed. <br />(b) In performing the work described in Section 3, Permittee shall use only public <br />roadways or accesses to cross from one side of Railroad's tracks to the other. <br />8. Under no conditions shall Permittee be permitted to conduct any tests, investigations or <br />any other activity using mechanized equipment and/or machinery, or place or store any <br />mechanized equipment, tools or other materials, within twenty-five (25) feet of the <br />centerline of any railroad track on the Premises unless Permittee has obtained prior <br />written approval from Railroad. Permittee shall, at its sole cost and expense, perform all <br />activities on or about the Premises in such a manner and not at any time to be a source of <br />danger to or interference with the existence or use of present of future tracks, roadbed or <br />property of Railroad, or the safe operation and activities of Railroad. If ordered to cease <br />using the Premises at any time by Railroad's personnel, due to any hazardous condition, <br />Permittee shall immediately do so. Notwithstanding the foregoing right of Railroad, the <br />parties agree that Railroad has no duty or obligation to monitor Permittee's use of the <br />Premises to determine the safe nature thereof, it being solely the Permittee's <br />responsibility to ensure that Permittee's use of the Premises is safe. Neither the exercise <br />nor failure by Railroad to exercise any rights granted in this Section will alter the liability <br />allocation provided by this Agreement. <br />9. Upon completion of Permittee's work on the Premises or upon termination of this <br />Agreement, whichever shall occur first, Permittee shall, at its sole cost and expense: <br />(a) remove all of its equipment from the Premises; <br />(b) report and restore any damage to the Premises arising from, growing out of, or <br />connected with Permittee's use of the Premises; <br />(c) remedy any unsafe conditions on the Premises created by Permittee; and <br />(d) leave the Premises in the condition which existed as of the Effective Date of this <br />Agreement. <br />-2- <br />?f <br />Form 430; Rev. 06/06/02 <br />