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2006-031
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2006-031
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construction watchmen. The furnishing or failure to furnish construction watchmen, or other <br />persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any <br />and all other liabilities assumed by COUNTY under the terms of this Agreement, including its <br />obligations under Paragraph 16 hereof. The COUNTY shall give the RAILWAY one (1) week's <br />advance written notice when it or its contractor or anyone claiming under this Agreement <br />proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that <br />proper warning may be provided for trains. In emergency situations COUNTY shall give the <br />RAILWAY telephonic notice. The COUNTY further agrees that at all times its personnel or <br />agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY <br />representative and any cost involved will be borne by the COUNTY. <br />18. After the SURFACE and WARNING DEVICES have been installed and all other <br />work to be performed by the RAILWAY under this Agreement has been completed and found to <br />be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the <br />COUNTY an invoice showing the final total cost of material, labor and equipment furnished by <br />the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be :$490,176.00 <br />as set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from <br />the date thereof. <br />19. Installation, maintenance and replacement of any and all railroad advance warning <br />signs and pavement markings on any road approaching the CROSSING SITE shall be the sole <br />responsibility and cost of the COUNTY, and at its sole expense. <br />20. The COU\TY shall promptly pay RAILWAY all charges for replacement, repair or <br />otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of <br />XFrm0499 <br />Page 8 <br />
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