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FILE: OC -87 <br />EXHIBIT "D" <br />This License is subject to the following additional terms and conditions: <br />1. All Licensee's contractors shall enter into a Right of Entry agreement with the Southern <br />California Regional Rail Authority (SORRA) before performing any activity on railroad <br />property. <br />2. All Licensee's contractors, at their sole cost and expense, shall obtain and maintain in force <br />and effect insurance as required by SORRA during the entire construction period. <br />Contractors shall furnish copies of the insurance certificates to all affected railroads. <br />3. Licensee and/or Licensee's contractor(s) must contact SCRRA's Right of Way Engineer <br />(213/452-0256) to arrange for inspection, flagging, and/or other protective services no less <br />than five working days prior to beginning work when any. <br />a) Personnel will be operating within twenty feet of the nearest rail, <br />b) Equipment will be operating within the OCTA right of way, or when any erection or <br />construction activities will be undertaken, regardless of elevation above or below <br />track, <br />c) Excavation will be undertaken on the OCTA right of way, <br />d) Grading or blasting (if allowed by OCTA) will be undertaken in the OCTA right of <br />way. <br />Prior notification does not guarantee the availability of a flag person for the proposed date <br />of activity. <br />4. The Licensee and/or Licensee's contractor(s) shall be responsible for the location and <br />protection of any and all surface, sub -surface, and overhead structures. <br />5. Licensee may self insure under an actuarially sound program of self insurance. From <br />time to time, upon request, Licensee will furnish such information regarding the program <br />as OCTA may reasonably request, including but not limited to financial and actuarial <br />information. Notwithstanding the foregoing, Licensee will require third party coverage, in <br />the amounts and under the terms indicated herein, of all contractors, agents, or any <br />person or entity (other than Licensee's direct employees) who enter onto OCTA property <br />for purposes related to this Agreement. <br />6. Upon notice of termination, Licensee will remove all facilities, including but not limited to <br />the concrete pads, and will return License Property to its pre-existing condition. <br />Page 1 of 2 <br />