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ROE 880702 Form Approved,AVP-Law shall not be provided a copy of the Environmental Report and/or related information until they agree in writing to adhere to all the provisions of this Agreement. F. Licensee agrees that the Environmental Report, and all associated data, samples, analyses, and other information, are and shall remain the personal property of the Railroad. Upon completion of its work, Licensee agrees to turn the Environmental Report and all associated data and other information, including all copies thereof, over to the Railroad. G. In addition to any other remedy at law, the Parties agree that either Party shall have the right to enjoin the other Party, including the other Party's contractors, subcontractors, consultants, lenders, counsel, and/or advisors, in any court of competent jurisdiction for breach of the confidentiality provisions of this Agreement. H. All the terms contained in this Agreement shall survive completion of any work authorized by this Agreement, as well as any related discussions and/or negotiations. The Licensee and Railroad agree to be bound by the confidentiality provisions of this Agreement in perpetuity. Article 11. SPECIAL PROVISION — RAILROAD FLAGMAN; WHEN REOUIRED; FLAGGING CHARGES. A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains, pursuant to the terms of the attached Exhibit `B'. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad all charges connected therewith,within 30 days after presentation of a bill therefore. B. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. C. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed,the Licensee shall pay on the basis of the new rates and charges. D. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished,unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other work. Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work, even though the Licensee may not be working during such time. E. When it is determined that assistance is required (i.e. flagging) to provide a safe work environment, it is the outside party's responsibility to use a qualified vendor, as well as ensure the vendor is approved by UP. The approval process ensures outside parties understand and comply with applicable safety rules and processes. The following are approved vendors to consider. UP also will consider alternative qualified vendors provided they meet requirements. Folder No.3328-98