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DEP Legal Agreement on Sewer Matter, Nov 1988

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Letter from DEP Office of Legal Counsel enclosing an executed agreement regarding a sewer matter near 11th Avenue and West 33rd Street.

NYC-WTC_000165687–000165696

Folder label: “AMTRAK'S West Side Connection

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NYC 9/11 Public Portal Document

of DEP, except as otherwise specifically set forth below. Any such work shall be performed by DEP so as not to interfere with or endanger Amtrak's occupation or use of the Line. b. In the event that Amtrak provides flagging or track monitoring in connection with any maintenance or repair of the New Sewer, Amtrak shall bear the cost of such flagging or track monitoring. If the work being performed on the New Sewer extends beyond maintenance or repair, such as replacement. reconstruction, or the installation of new equipment, DEP shall reimburse Amtrak for the cost of any flagging or track monitor­ ing provided by Amtrak. c. At least twenty (20) days in advance of performing any non-emergency work in, on, or around the New Sewer, DEP shall submit its plans for review and written approv- al to Amtrak's Deputy Chief Engineer, 2000 Market Street, Philadelphia, PA 19103, or to such other representative as may be designated by Amtrak in writing. No such non-emergency work shall be performed by or on behalf of DEP without such prior written approval, which approval shall not be unreasonably withheld or delayed. DEP acknowledges that because of train schedules on the Line, it may be necessary to schedule non-emer- gency work at times that are set by Amtrak in order to minimize or eliminate interference with train operations. d. In the event that DEP performs emergency work in, on, or around the New Sewer it shall, as soon as possible. give telephone notice to the office of Amtrak's Assistant Chief Dispatcher at (212) 560-7465, 7466, 7467 or 7468 (or to such

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