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<br />4 <br /> <br />http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ <br />req.pdf <br /> <br /> <br /> B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free <br />from safety and health hazards and ensure that its employees are competent and adequately trained in all safety <br />and health aspects of the job. <br /> <br /> C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid <br />services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any <br />U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable <br />duty to control its employees while they are on the job site or any other property of Railroad, and to be certain <br />they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other <br />substance that may inhibit the safe performance of any Work. <br /> <br /> D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's <br />safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to <br />require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if <br />there are any inconsistencies between this agreement and the Safety Plan. <br /> <br />Section 8. INDEMNITY. <br /> <br /> A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL <br />INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR <br />OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY <br />"INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, <br />CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, <br />CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, <br />"LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, <br />CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT <br />OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY <br />ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH <br />OF THIS AGREEMENT BY CONTRACTOR. <br /> <br /> B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON <br />OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY <br />NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS <br />CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE <br />FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF <br />ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. <br /> <br /> C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY <br />UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. <br />CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR <br />INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. <br />CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES <br />HERETO. <br /> <br /> <br /> D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY <br />WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY