INTERFERENCE WITH RAILROAD OPERATIONS Sample Clauses

INTERFERENCE WITH RAILROAD OPERATIONS. 5.1 The contractor shall arrange and conduct all work so that there shall be no interference with the Railroad’s operations, including train, signal, telephone and telegraphic services; or damage to the Railroad’s property; poles, wires and other facilities of tenants, licensees, easement grantees and invitees on the Railroad’s right of way. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad Engineer for approval, but such approval shall not relieve the contractor from liability. Any work to be performed by the contractor that requires flagging service or inspection service shall be deferred by the contractor until the flagging service required by the Railroad is available at the job site. 5.2 Whenever work within the Railroad’s right of way is of such a nature that impediment to the Railroad’s operations is unavoidable, such as use of runaround tracks or necessity for reduced speed, the contractor shall schedule and conduct these operations so that such impediment is reduced to the absolute minimum. 5.3 Should conditions arising from, or in connection with the work require that immediate and unusual provisions be made to protect the Railroad’s operations and property, the contractor shall make such provisions. If in the judgment of the Railroad Engineer, or the Engineer if the Railroad Engineer is absent, such provision is insufficient, the Railroad Engineer or Engineer may require or provide such provisions as deem necessary. In any event, such provisions shall be at the contractor's expense and without cost to the Railroad or the Commission. 5.4 The contractor shall be responsible for any damage to the Railroad as a result of work on the project, which shall include but not be limited to interference with the normal movement of trains caused exclusively by the work performed by the contractor. The contractor shall be responsible for damages for the Railroad’s train delays that are caused exclusively by the contractor. The Railroad agrees not to perform any act to unnecessarily cause any train delay. The damages for train delays per freight hour will be billed at an average rate per hour as determined from the Railroad’s records. These records shall be provided by the Railroad, upon request, to the Commission or the Commission’s contractor.