Modifications to the highway: If TxDOT elects to modify the highway in any way that will affect the

premitted

track at-grade crossing, TxDOT will have the right to make such modifications, and the railroad company or private industry will make the necessary changes to the crossing surface and railroad warning devices at their expense.

No Abnormal Delays in Traffic Flow: No general switching of trains across the highway is permitted. Train operations crossing the highway must be conducted in a way as to not delay traffic flow for more than a normal period of time. If more than the normal time is needed, the railroad company or private industry must notify TxDOT in writing as to the necessity and circumstances for more time.

Future Need for Grade Separation: If in the future, TxDOT determines a grade separation is required, the railroad company or private industry or both will finance and construct the structure. The terms of the grade separation structure will be handled under a separate agreement.