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3 <br />the said facilities, that the said parry of the second part binds himself, his successors <br />and assigns, to promptly remove or alter the said facilities, in order to conform to the <br />said requirement, without any cost to the party of the first part. <br />13. It is clearly understood by the party of the second part that the party of the first part will <br />assume no responsibility for any damage that may be caused to such facilities, within <br />the highway right of way limits, in carrying out its construction and maintenance <br />operations. <br />14. During installation, the party of the second part shall be responsible for signs, lights, <br />flagmen and other warning devices for the protection of traffic in conformance with the <br />latest Manual on Uniform Traffic Control Devices for Streets and Hi-ghways and <br />amendments or supplements thereto. Information as to the above rules and <br />regulations may be obtained from the Division Engineer of the party of the first part. <br />15. That the party of the second part agrees to restore all areas disturbed during <br />installation and maintenance to the satisfaction of the Division Engineer of the party of <br />the first part. The party of the second part agrees to exercise every reasonable <br />precaution during construction and maintenance to prevent eroding of soil; silting or <br />pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground <br />surfaces or other property; or pollution of the air. There shall be compliance with <br />applicable rules and regulations of the North Carolina Division of Environmental <br />Management, North Carolina Sedimentation Control Commission, and with ordinances <br />and regulations of various counties, municipalities and other official agencies relating to <br />pollution prevention and control. When any installation or maintenance operation <br />disturbs the ground surface and the existing round cover, the party of the second part <br />agrees to remove and replace the sod or otherwise reestablish the grass cover to meet <br />the satisfaction of the Division Engineer of the party of the first part. <br />16. All work is to be completed promptly with a minimum of delay. <br />17. That in the case of noncompliance with the provisions of this agreement by the party of <br />the second part, the party of the first.part reserves the right to stop all work until the <br />facility has been brought into compliance or removed from the right of way at no cost to <br />the party of the first part. <br />18. The party of the first part reserves the right to void this agreement at any time by <br />submitting written notification to the party of the second part. <br />R/W (165) : Party of the Second Part certifies that this agreement is true and accurate copy of the form <br />R/W (165) incorporating all revisions to date. <br />IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and <br />year first above written. <br />DEPARTMENT OF TRANSPORTATION <br />BY: <br />ASSITANT MANAGER OF RIGHT OF WAY <br />i ATTEST OR WITNESS: <br />(COMPANY) <br />(TYPE NAME AND TITLE) <br />Page 2 of 2