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6.5 Approvals; Compliance with Laws and Safety Rules.
<br /> (a) Grantee shall take, in a timely manner, all actions necessary and proper to the lawful
<br /> establishment, construction, operation, and maintenance of the Improvements,
<br /> including such actions as may be necessary to obtain any required approvals or
<br /> authorizations from applicable governmental authorities.
<br /> (b) Prior to entering the Premises, and at all times during the term of this Easement
<br /> Agreement, Grantee shall comply, and shall cause its contractor, any subcontractor,
<br /> any assignee, and any contractor or subcontractor of any assignee performing work on
<br /> the Premises or entering the Premises on behalf of Grantee (collectively, "Grantee's
<br /> Contractors"), to comply, with all applicable federal, state and local laws, regulations,
<br /> ordinances, restrictions, covenants and court or administrative decisions and orders,
<br /> including Environmental Laws (defined below) (collectively, "Laws"), and all of Grantor's
<br /> applicable safety rules and regulations including those found on the website noted
<br /> below in Section 6.5(c).
<br /> (c) No Grantee Party may enter the Premises without first having completed Grantor's
<br /> safety orientation found on the website: www.contractororientation.com.
<br /> 6.6 Other Improvements. In the event any construction, repair, maintenance, work or other use of
<br /> the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively,
<br /> "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments
<br /> necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements
<br /> notifying them of any work that may damage these Other Improvements and/or interfere with their service and
<br /> obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other
<br /> Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify
<br /> their locations. Grantee must also use all reasonable methods when working on or near Grantor property to
<br /> determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist.
<br /> 6.7 Flagging and Other Costs. Grantee shall not conduct any activities on, or be present on, any
<br /> portion of the Premises or Grantor's rail corridor or property that is within twenty-five (25) feet of any active
<br /> railroad track, except in the presence of a flagman. In any case where a flagman or flagmen are required in
<br /> connection with the presence of individuals on Grantor's rail corridor or the Premises, Grantee shall provide as
<br /> much advance notice as possible prior to any entry upon the Premises. Grantor shall arrange for the presence
<br /> of the flagman or flagmen as soon as practicable after receipt of such notice from Grantee. Grantee shall
<br /> reimburse to Grantor, within thirty (30) days following Grantee's receipt of each bill therefor, Grantor's costs in
<br /> arranging for and providing the flagman or flagmen, which shall be billed to Grantee at Grantor's then applicable
<br /> standard rate. Grantee agrees to reimburse Grantor (within thirty(30) days after receipt of a bill therefore)for all
<br /> other costs and expenses incurred by Grantor in connection with Grantee's use of the Premises or the
<br /> presence, construction, maintenance, and use of any Improvements situated thereon.
<br /> 6.8 No Unauthorized Tests or Digging. Grantee, and Grantee's Contractors, must not conduct any
<br /> tests, investigations or 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 centerline of any railroad
<br /> track on Grantor's rail corridor or property(whether or not such centerline is located within the Premises), except
<br /> after Grantee has obtained written approval from Grantor, and then only in strict accordance with the terms and
<br /> any conditions of such approval.
<br /> 6.9 Boring. Prior to conducting any boring work on or near Grantor's rail corridor or property(which
<br /> shall only be permitted within the Premises), Grantee and Grantee's Contractors shall explore the proposed
<br /> location for such work with hand tools to a depth of at least three (3) feet below the surface of the
<br /> ground to determine whether pipelines or other structures exist below the surface, provided, however, that in
<br /> lieu of the foregoing, Grantee shall have the right to use suitable detection equipment or other generally
<br /> accepted industry practice (e.g., consulting with the Underground Services Association) to determine the
<br /> existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized
<br /> Form 701;Rev. 02/12/10
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