Common use of Entry Upon Premises Clause in Contracts

Entry Upon Premises. Prior to commencement of any work to be performed on or about the Premises, Licensee shall notify the appropriate Division Engineer for the scheduling of protection and inspection. Within seventy-two (72) hours after the Division Engineer’s actual receipt of such notification, the Division Engineer shall review the necessity and availability of flagmen for the proposed work and advise Licensee of such matters and the estimated cost therefor. No work shall be permitted on or about the Premises without the presence of Railway’s flagman or the Division Engineer’s waiver of the requirement for flag protection. Entry on or about the Premises or any other Railway right-of-way without the Division Engineer’s prior approval shall be deemed trespassing. Licensee agrees to pay Railway, within thirty (30) days after delivery of an invoice therefor, for any protection and inspection costs incurred by Railway, in Railway’s sole judgment, during any such entry. Should Licensee engage a contractor(s) to install, construct, maintain or operate the Facilities, Licensee shall ensure that said contractor(s) executes and delivers to Railway a standard construction right-of-entry agreement in a form approved by Railway in its sole discretion prior to any entry onto the Premises by said contractor(s).