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Z It <br /> Law Department Approved Tracking#: 05-29401 <br /> (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks <br /> or additional facilities or structures upon, over, under or across the Premises; or <br /> (c) to use the Premises in any manner as the Licensor in its sole discretion deems <br /> appropriate, provided Licensor uses all commercially reasonable efforts to avoid <br /> material interference with the use of the Premises by Licensee for the purpose <br /> specified in Section 3 above. <br /> LICENSEE'S OPERATIONS <br /> 13. Licensee, at its own expense, shall keep the rail flange ways of said Crossing clear of all <br /> snow, dirt, or any other obstructions whatsoever, which may accumulate by virtue of <br /> vehicles, equipment, or from machinery crossing thereover or otherwise, and shall remove <br /> and keep removed any vegetation along the rail corridor on each side of the crossing so that <br /> the motorists' line of sight to approaching trains is not impaired or obstructed by vegetation. <br /> 14. It is specifically understood that cables, pipelines, and other electric and/or fiber optic <br /> transmission lines may be on, about,along, or under the Premises and Licensee agrees that <br /> under no circumstances will Licensee dig in or disturb the surface of the Premises without <br /> the express written consent of Licensor. <br /> 15. Licensee shall construct and maintain, at its own expense,a roadway(to end of railroad ties) <br /> and related roadway drainage in a manner acceptable to Licensor, and safe for use by any <br /> vehicles or equipment. Prior to such construction or maintenance, five (5) days advance <br /> notice must be given to Licensor's Roadmaster at 2900 Bond Street, Everett, WA 13509, <br /> telephone(206)304-6690. <br /> 16. Licensee agrees to keep any Crossing gates, farm gates or barriers (consisting of a bar, <br /> cable gate or chain between posts on both sides of the Railroad rail corridor and straddling <br /> the roadway), closed and securely fastened, except when being opened to allow access <br /> upon said rail corridor. <br /> 17. While this Agreement is personal to Licensee, it is recognized that there is a possibility of <br /> the Crossing being used by unauthorized persons, and said Licensee agrees that for the <br /> purposes of this agreement all persons using the Crossing shall be deemed the agents or <br /> invitees of the Licensee. <br /> 18. Licensee shall, at its sole cost and expense, perform all activities on and about the Crossing <br /> in such a manner as not at any time to be a source of danger to or interference with the <br /> existence or use of present or future tracks, roadbed or property of Licensor, or the safe <br /> operation and activities of Licensor. If ordered to cease using the Crossing at any time by <br /> Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. <br /> Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty <br /> or obligation to monitor Licensee's use of the Crossing to determine the safe nature thereof, <br /> it being solely Licensee's responsibility to ensure that Licensee's use of the Crossing. <br /> Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section <br /> will alter the liability allocation provided by this Agreement. <br /> ({ Form 432;Rev.04/26/05 <br /> -4of13 - <br />