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aforementioned standards and guidelines. Where elements of the crossing upgrades extend <br />beyond the FECR right-of-way at any crossing, BRIGHTLINE shall coordinate any required <br />crossing upgrade work which must be performed outside of the FECR right-of-way with the <br />COUNTY and obtain all necessary permits, subject to the terms of the Settlement Agreement. <br />COUNTY acknowledges that it will grant to BRIGHTLINE the necessary permits for the <br />installation and construction of any aspects of the crossing upgrades outside of the FECR right- <br />of-way, subject to the terms of the Settlement Agreement. BRIGHTLINE will repave or restore <br />the COUNTY's right-of-way if impacted by the crossing upgrade construction at BRIGHTLINE's <br />expense. If there is striping on COUNTY streets which extends beyond the FECR right-of-way <br />then as part of the Project, BRIGHTLINE will re -stripe <br />COUNTY's street along with the portions of the street within FECR's right-of-way at <br />BRIGHTLINE's expense, subject to the terms of the Settlement Agreement. In connection with <br />future maintenance at these Crossings, if comparable restriping is necessary outside of the <br />FECR right-of-way, FECR will perform that restriping, and the costs of such restriping in the <br />COUNTY's right-of-way shall be apportioned to COUNTY, subject to Section 6 below. <br />3.5 Minimal Disruption. BRIGHTLINE shall perform and complete the Project in a <br />manner that minimizes disruption and inconvenience to COUNTY and the public but COUNTY <br />recognizes that, as with any construction project, there will be unavoidable disruptions and <br />inconvenience to COUNTY and the public. BRIGHTLINE will make every effort to coordinate <br />Crossing closures so as not to adversely impact COUNTY'S scheduled special events. <br />BRIGHTLINE shall make reasonable efforts to only close individual crossings for a period of not <br />more than three (3) consecutive days, provided that the COUNTY acknowledges that some <br />crossings may take longer, ideally no more than five days. BRIGHTLINE will coordinate with the <br />COUNTY so that the crossing improvement work minimizes disruption and inconvenience to the <br />COUNTY and its residents. <br />3.6 Maintenance of Traffic. BRIGHTLINE shall be responsible for the costs of <br />Maintenance of Traffic signage during the Project. BRIGHTLINE or its contractor shall submit a <br />Maintenance of Traffic plan for each individual Crossing to the COUNTY a minimum of four (4) <br />weeks prior to the commencement of Project work. COUNTY agrees to approve such plan, <br />provided it is in compliance with federal, state, and local maintenance of traffic requirements. <br />3.7 Quiet Zone. If COUNTY successfully obtains approval to classify the crossings <br />within its boundaries as part of a Quiet Zone, prior to BRIGHTLINE's installation of the various <br />crossing upgrades identified above, BRIGHTLINE agrees to install the quiet zone required <br />improvements to the crossings, at the expense of COUNTY or such other governmental agency <br />that agrees to pay the expenses associated therewith. <br />3.8 Budget Estimates. To accommodate COUNTY's statutory budget process and <br />fiscal year (October 1 sl _ September 30tt', referred to as "Government Fiscal Year"), FECR agrees <br />to utilize commercially reasonable efforts to provide to COUNTY, no later than April 15t each year, <br />the list of Crossings scheduled for maintenance during the upcoming Government Fiscal Year, <br />along with an estimate of any and all costs or expenses for which COUNTY will be responsible <br />under the License Agreements during such Government Fiscal Year. COUNTY acknowledges <br />that emergency and unanticipated repairs may be necessary at crossings periodically, and FECR <br />may not be able to provide normal advance notice thereof. This provision shall survive any <br />expiration or termination of the License Agreements, as amended. <br />Section 4. FECR REPRESENTATIONS <br />-3- <br />