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continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE <br />with a comparable or improved structure. The replacement costs of the new SURFACE shall be <br />the sole responsibility of the COUNTY. The COUNTY shall, at its sole expense, maintain and <br />replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which <br />may be located between the ends of the ties. If such work is required due to replacement of the <br />SURFACE, the COUNTY shall perform such work in accordance with the time and operational <br />requirements of RAILWAY. The COUNTY will give prior notice to RAILWAY of all work to <br />be performed by it at or near the CROSSING SITE and no such work shall be performed by <br />COUNTY without the prior approval of RAILWAY. All work performed by the COUNTY shall <br />be conducted at such times and in such manner as to not interfere or impede the operations of <br />RAILWAY. The RAILWAY shall provide a construction watchman at said CROSSING SITE <br />while work is being performed by the COUNTY under the provisions of this Agreement, at the <br />sole expense of the COUNTY. <br />11. The COUNTY agrees, acknowledges and understands that the RAILWAY reserves <br />the right to make any changes at any future time in its existing tracks or other facilities, including <br />the installation, maintenance and operation of any additional track or tracks or other facilities on <br />its right-of-way at the CROSSING SITE. The COUNTY agrees to bear the total expense of any <br />changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING <br />DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, <br />whether these changes or additions are required by law or order of any public or judicial <br />authority, done voluntarily by the RAILWAY, or requested by the COUNTY. <br />12. The COUNTY agrees that it will install, maintain and replace all necessary drainage <br />facilities to prevent the accumulation of surface water due to the existence of the CROSSING <br />�,TMNP; �j Page 248 <br />