BNSF Reviews Sample Clauses

BNSF Reviews a. BNSF will, at its own cost and expense, review engineering drawings for the Highway Overpass Improvements as design progresses and approve the dimensions of the Railroad Portals. BNSF will supply MnDOT with the track grades necessary for MnDOT to design the Railroad Portal. BNSF will perform and communicate its review in a timely manner, and the failure of BNSF to so complete its review will be considered a Changed Condition hereunder. Under no circumstances shall lack of BNSF comment on MnDOT design of the Highway Overpass Improvements constitute its approval of such designs or of the finished construction of the Highway Overpass Improvements. b. BNSF may review, at its own cost and expense, the construction of the Public Infrastructure, including finish grades and the clearances established by the Railroad Portals. BNSF will not be responsible for ensuring the construction of the Highway Overpass Improvements complies with design documents or notifying MnDOT or its contractors of discrepancies in construction. MnDOT will have the exclusive right and obligation to determine whether MnDOT’s construction contractor has satisfactorily performed the contract construction for the Highway Overpass Improvements, except that final clearance provided by such Railroad Portals or any component of the Public Infrastructure that materially affects the planned Railroad Infrastructure, which shall be determined by MnDOT with confirmation from BNSF. A deviation in the dimensions of the Railroad Portals from the BNSF approved plans will be considered a Changed Condition. BNSF will comply with MnDOT’s policy on visiting construction sites, including, but not limited to, the use of personal protective equipment.
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Related to BNSF Reviews

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