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Contractor's ROE EicB 7/30/01
<br />Form ,`'proved, AVP-Law
<br />$. Operations of the Railroad and work performed by the Railroad personnel and delays in the work to be performed by the
<br />Contractor caused by such rai]road operations and work are expected by the Contractor, and Contractor agrees that the Railroad
<br />shall have no liability to Contractor, its subcontractors or any other person or entity for any such delays. The Contractor shall
<br />coordinate its activities with those of the Railroad and third parties so as to avoid interference with railroad operations. The safe
<br />operation of the Railroad takes precedence over any work to be performed by the Contractor.
<br />Section 4. LIENS.
<br />The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
<br />Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be
<br />created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold
<br />harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way
<br />connected with or growing out of such work done, labor performed, or materials famished If the Contractor fails to promptly cause
<br />any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
<br />Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
<br />A Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of
<br />extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
<br />profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through
<br />Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is
<br />buried anywhere on the Railroad's premises to be used by the Contractor. Tf it is, Contractor will telephone-the telecommunications
<br />company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic
<br />cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished.
<br />B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Railroad
<br />harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and
<br />expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes
<br />to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of
<br />any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on
<br />Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss
<br />of pxoffts or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property
<br />or a customer or user of services of the fiber optic cable on Railroad's property.
<br />Section 6. PERMITS -COMPLIANCE WjTH LAWS.
<br />In the prosecution of the work covered by this agreement, the Contractor shall secure any mid all necessary permits and
<br />shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
<br />limitation, all applicable FedEral Railroad Administration regulations.
<br />Section 7. SAFE'T'Y.
<br />A Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
<br />performed by the Contractor. The Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
<br />and programs in connection with the work. The Contractor shall at a minimum comply with the Railroad's safety standards listed
<br />in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by the Railroad's own forces. As a part of the
<br />Contractor's scdety responsibilities, the Contractor shall notify the Railroad if the Contractor determines that any of the Railroad's
<br />safety standards are contrary to good safety practices. The Contractor shall furnish copies of Exhibit D to each of its employees
<br />before they enter on the job site.
<br />& Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and health
<br />hazards cmd ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
<br />C. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be
<br />provided to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety
<br />and Health Adnvnistration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they
<br />are on the job site or any other property of the Railroad, and to be certain they do not use, be under the influence of, or have in their
<br />possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
<br />D. If cmd when requested by the Railroad, the Contractor shall deliver to the Railroad a copy of the Contractor's safety plan
<br />for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require the Contractor to correct
<br />H:\DATA~F'avorltes~Ayreement FarmslPoad Crossing Page 2 Frh;hlt B
<br />FonnsWublic Road Crossing Agreemeni.doc
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