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Contractor s ROE ExB 7/30/01
<br />Fornl Approved, AVT'-Law
<br />permitted to be done by the Contractor at any time that would in any manner impan• the safety of such operations. When not in
<br />use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of the Railroad's nearest track,
<br />and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
<br />B. Operations of the P.ailroad and work performed by the Railroad personnel and delays in the work to be performed by
<br />the Contractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the
<br />Railroad shall have no liability to Contractor, its subcontractors or any other person or entity for any such delays. The
<br />Contractor shall coordinate its activities with those of the Railroad and third parties so as to avoid interference with railroad
<br />operations. The safe 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 materiahnen'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
<br />hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any
<br />way connected with or growing out of such work done, labor performed, or materials furnished. If the Contractor fails to
<br />promptly cause any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at
<br />Contractor's expense.
<br />Section 5. PROTECTION OF FI$ER OPTIC CABLE SYSTEMS.
<br />A. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems
<br />is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue
<br />and profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday
<br />through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic
<br />cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the
<br />telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other
<br />protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (if
<br />applicable) has been accomplished.
<br />B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the
<br />Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees,
<br />court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that
<br />causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2)
<br />any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor,
<br />agents and jor employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or
<br />cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication
<br />company using Railroad's property or a customer or user of services of the fiber optic cable an Railroad's property.
<br />Section 6. PERMTTS -COMPLIANCE WITH LAWS.
<br />In the prosecution of the work covered by this agreement, the Contractor shall secure any and 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. SAFETY.
<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,
<br />operations and programs in connection vrith the work. The Contractor shall at a minimum comply with the Railroad's safety
<br />standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by the Railroad's own
<br />forces. As a part of the Contractor's safety responsibilities, the Contractor shall notify the Railroad i£ the Contractor determines
<br />that any of the Railroad's safety standards are contrary to good safety practices. The Contractor shall furnish copies of Exhibit
<br />D to each of its employees before they enter on the job site.
<br />B. Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and
<br />health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
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