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6 . Attached hereto as Exhibit A. and by this reference made a part hereof, is an estimate of the cost for
<br /> synchronization thereof, payable to the COMPANY by the COUNTY in the amount of $ 0.00
<br /> 7 . The cost of any adjustment, relocation of cable, circuitry , and related equipment as related to the COUNTY ' S
<br /> HIGHWAY DEVICES, upon written notice from the COMPANY, that the relocation is necessary due to
<br /> railroad operations, including, but not limited to, track relocation, maintenance, or replacement, or because of
<br /> changes or additions to the COMPANY ' S train control signals or communication equipment, shall be borne by
<br /> the COUNTY.
<br /> 8 . The parties agree that the COUNTY, to the extent allowed by law, shall have and assume sole responsibility and
<br /> liability for personal injury and property damage or loss resulting from or related to the presence or the operation
<br /> and functioning, or the failure thereof, of the HIGHWAY DEVICES placed on the COMPANY' S overhead truss
<br /> and cantilever.
<br /> 9 . The COUNTY, to the extent allowed by law, will be responsible for claims and demands arising out of the work
<br /> undertaken by the COUNTY pursuant to this agreement due to the negligent actions, done or committed by the
<br /> COUNTY, its contractors, employees, agents, or representatives in connection with the work done on the
<br /> overhead truss or cantilever.
<br /> 10. The COUNTY may make changes to their own equipment in any manner and agree to reimburse the COMPANY
<br /> for any expenses incurred as a result of such changes . 72 hours notice shall be given prior to any work on
<br /> COUNTY ' S HIGHWAY DEVICES.
<br /> 11 . If for any reason the overhead truss or cantilever is damaged or destroyed by a third party , the COUNTY, to the
<br /> extent allowed by law, will be responsible for all expenses not covered by the insurance or indemnification of the
<br /> third party, in the repair or replacement, including all materials, equipment, and labor for said repairs or
<br /> replacement of the overhead truss and cantilever on an actual cost basis .
<br /> 12 . In the event of damage to the overhead truss or cantilever, the COUNTY is responsible for their own HIGHWAY
<br /> DEVICES, and any temporary structures or devices necessary for the mounting of the HIGHWAY DEVICES.
<br /> The COMPANY, at the COUNTY' S expense, will be responsible for the CROSSING DEVICES, overhead
<br /> truss, and cantilevers .
<br /> 13 . Upon completion of the work, the COMPANY shall , within one hundred eighty ( 180) days, furnish the COUNTY
<br /> with two (2) copies of its fmal and complete billing of all costs incurred in connection with the work performed
<br /> hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached
<br /> hereto . The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling
<br /> costs and other services shall be shown in such a manner as will allow ready comparison with the approved plans
<br /> and estimates . Materials shall be itemized where they represent major components of cost in the relocation
<br /> following the pattern set out in the approved estimate as closely as possible .
<br /> Upon receipt of invoices, prepared in accordance with the provisions of the above- indicated Reimbursement
<br /> Policy the COUNTY agrees to reimburse the COMPANY in the amount of such actual costs .
<br /> 14. If there is any existing contract between the COMPANY and either the COUNTY or a third party, by which this
<br /> grade crossing is opened or maintained, or by which other crossing devices or highway devices are installed and
<br /> maintained, then that contract shall remain in full force and effect, except when in conflict with this
<br /> synchronization agreement.
<br /> 15 . This agreement is of an indefinite, but non-perpetual duration and shall terminate upon the removal of the
<br /> aforementioned rail-highway grade crossing or upon removal of either the highway devices or crossing devices .
<br /> 16 . In the event any of the parties hereto desire an assignment of this agreement, it shall be said party ' s responsibility
<br /> to obtain written acceptance of the assignment by the new party to the agreement.
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