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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to
<br />operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable
<br />from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals
<br />in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of
<br />the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY
<br />will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and
<br />failed mode preempted sequence mode.
<br />6. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway
<br />Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter-
<br />connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC.
<br />The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance
<br />and testing.
<br />7. Attached hereto as Exhibit B, and by this reference made a part hereof, are plans and/or operational design sheets with
<br />specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be
<br />performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan
<br />changes shall likewise be approved by the parties.
<br />8. Notwithstanding anything in this agreement to the contrary, the cost of any adjustment, relocation or replacement of
<br />said synchronization devices and equipment related Highway Signal Devices, upon written notice from the FEC or
<br />BL, that the relocation is necessary due to railroad operations, including but not limited to, track relocation,
<br />maintenance or replacement, or because of changes or additions to the FEC and/or BL train control signal or
<br />communication equipment, shall be borne by the COUNTY.
<br />9. FEC and BL shall have no responsibility or liability for any loss of life or injury to persons, or loss of or damage to
<br />property, growing out of or arising from the irregular operation of the Highway Signal Devices of the COUNTY
<br />and/or FEC'S Crossing Warning Devices resulting from or in any manner attributed to the malfunction of the
<br />COUNTY'S Highway Signal Devices on the overhead truss or cantilever. FEC and BL shall have the same
<br />responsibilities and obligations with respect to the Crossing Warning Devices and the operation thereof as set forth in
<br />the License Agreement, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices
<br />on the overhead truss and cantilever and the operation or functioning thereof.
<br />10. The COUNTY will be responsible for claims and demands arising out of the work undertaken by the COUNTY
<br />pursuant to this Agreement due to the negligent actions, done or committed by the COUNTY, its contractors,
<br />employees, agents, or representatives in connection with the work done on the overhead truss, cantilever, common
<br />cable junction box, Highway Signal Devices or Crossing Warning Devices. BL will be responsible for claims and
<br />demands arising out of the work undertaken by BL pursuant to this Agreement due to the negligent actions, done or
<br />committed by BL, its contractors, employees, agents, or representatives in connection with the work done on the
<br />overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing Warning Devices. FEC
<br />will be responsible for claims and demands arising out of the work undertaken by FEC pursuant to this Agreement due
<br />to the negligent actions, done or committed by FEC, its contractors, employees, agents, or representatives in connection
<br />with the work done on the overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing
<br />Warning Devices.
<br />11. Any party may make changes to their own equipment in any manner and agrees to reimburse the other parties for any
<br />expenses incurred by the other party as a result of such changes; provided, however that the cost of any adjustment,
<br />relocation of cable, circuitry, and related equipment as related to the Highway Signal Devices necessary due to railroad
<br />operations or changes or additions to the FEC's and/or BL's train control signals or communication equipment, shall
<br />be treated as set forth in paragraph 8 hereof. Seventy-two (72) hours' notice shall be given prior to work which will
<br />have an effect on the other party. The 72 -hour notice shall be waived in case of emergencies.
<br />12. If for any reason an overhead truss or cantilever to which COUNTY equipment or signals are affixed, is damaged or
<br />destroyed by a third party, the FEC and the COUNTY agree to share in the expense not covered by the insurance or
<br />indemnification of the third party, in repair or replacement, including all materials, equipment, labor for said repair or
<br />replacement of the overhead truss or cantilever only, on a 50% actual cost basis per party.
<br />13. In the event of damage to the overhead truss or cantilever to which COUNTY equipment of signal are affixed, the
<br />COUNTY shall be responsible for its own control devices, including any temporary structures or devices necessary
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