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Norfolk Southern Railway Company <br />Norfolk Southern - Special Provisions for Protection of Railway Interests <br />July 23, 2018, Updated March 11, 2021 <br />Appendix <br />E-13 <br /> <br /> <br /> <br />repair eroded areas within Railroad rights-of-way and repair any other damage to the <br />property of the Railroad or its tenants. <br /> <br />2. If, in the course of construction, it may be necessary to block a ditch, pipe or other <br />drainage facility, temporary pipes, ditches or other drainage facilities shall be installed <br />to maintain adequate drainage, as approved by the Railroad Engineer. Upon completion <br />of the work, the temporary facilities shall be removed and the permanent facilities <br />restored. <br /> <br />3. All such maintenance and repair of damages due to the Contractor’s operations shall be <br />done at the Contractor’s expense. <br /> <br />K. Storage of Materials and Equipment: <br /> <br />1. Materials and equipment shall not be stored where they will interfere with <br />Railroad operations, nor on the rights-of-way of the Railroad without first having <br />obtained permission from the Railroad Engineer, and such permission will be with <br />the understanding that the Railroad will not be liable for damage to such material and <br />equipment from any cause and that the Railroad Engineer may move or require the <br />Contractor to move, at the Contractor’s expense, such material and equipment. <br /> <br />2. All grading or construction machinery that is left parked near the track <br />unattended by a watchman shall be effectively immobilized so that it cannot be moved <br />by unauthorized persons. The Contractor shall protect, defend, indemnify and <br />save Railroad, and any associated, controlled or affiliated corporation, harmless <br />from and against all losses, costs, expenses, claim or liability for loss or damage to <br />property or the loss of life or personal injury, arising out of or incident to the <br />Contractor’s failure to immobilize grading or construction machinery. <br /> <br />L. Cleanup: <br /> <br />1. Upon completion of the work, the Contractor shall remove from within the limits of the <br />Railroad rights-of-way, all machinery, equipment, surplus materials, falsework, rubbish <br />or temporary buildings of the Contractor, and leave said rights-of-way in a neat <br />condition satisfactory to the Railroad Engineer or his authorized representative. <br /> <br />6. DAMAGES: <br /> <br />A. The Contractor shall assume all liability for any and all damages to his work, employees, servants, <br />equipment and materials caused by Railroad traffic. <br /> <br />B. Any cost incurred by the Railroad for repairing damages to its property or to property of its <br />tenants, caused by or resulting from the operations of the Contractor, shall be paid directly <br />to the Railroad by the Contractor. <br /> <br />7. FLAGGING SERVICES: <br /> <br />A. Requirements: <br /> <br />1. Flagging services will not be provided until the Contractor’s insurance has been <br />reviewed & approved by the Railroad. <br />EXHIBIT C