UNION PACIFIC RAILROAD - NEW PUBLIC HIGHWAY CROSSING AGREEMENT

Contractor's Right of Entry 07/30 /01 UPRR Folder No.: 2017 Form Approved AVP Law CONTRACTOR' S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (the "Railroad and (Name of Contractor) a corporation (the "Contractor (State of Incorporation) RECITALS: Contractor has been hired by (the) City of Pleasanton to perform work relating to the construction of the new Valley Avenue grade separation (the "work with all or a portion of such work to be performed on property of Railroad in the vicinity of Mile Post 40.43 on the Oakland Subdivision in Pleasanton, Alameda County, California, which work is the subject of a contract dated between Railroad and (the) Pleasanton. (Date of C&MAgreement) Contractor has requested Railroad to permit it to perform the work on the portion of Railroad's property shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B, C AND D. The terms and conditions contained in Exhibit A, Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement. ARTICLE 4 ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. 2017 -95 City of Pleasanton, CA Articles of Agreement revised August 2, 2004 Valley Avenue Page 1