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E+orm App,,red, AVP-law
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<br /> general ,ty of the forepW) shall comply with all applicable state and federal occupational'sa/ety and health acts
<br /> and regu;Vo ons. All Federal Railroad Administration regulations shall be followed when.work� is performed on the
<br /> Railroad's property. If any failure by the licensee to comply with any such Iaws, regulations, and enactments, Shall
<br /> result if, any fine, penalty, cost or chane being assessed, imposed or charged against 1 M Railroad the' Licensee
<br /> mb
<br /> shall reourse and Indemnify the Railroad for any such fine, penalty, cast, or charge, including without limitation
<br /> attornev's fees, court costs and expenses. The licensee further agrees in the event of any Such action, upon notice
<br /> thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
<br /> Section 8. SAFETY INSTRUCTIONS.
<br /> Safety of personnel, property, rail operations and the public is Of paramount importance in the prosecution
<br /> of the work pursuant to this agreement. As reinforcement and in furtherance of overall Safety measures to be observed
<br /> by the licensee (and not by way,of limitation), the following Special safety rules Shall be followed:
<br /> (a) The licensee shall keep the job site free from safety and health hazards and ensure that its employees
<br /> are competent and adequately trained in all safety and health aspects of the job. The Licensee shall have proper
<br /> first aid supplies available on the job site so that prompt first aid services can be rovided"to arty hpa�
<br /> be inJurea on the job site. The licensee shall promptly notify the Railroad of any U.S. Occupational person
<br /> ands may
<br /> health Administration reportable injuries occurring to any person that my arise during the work Performed on the job
<br /> site. The licensee shall have a non-delegable duty to control its employees, while they are on the job site or any
<br /> other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession
<br /> any alCoholit beverage or illegally obtained drug, narcotic or other substance.
<br /> (b) The employees of -the licensee Shall be suitably dressed to perform their duties' safely and in a manner
<br /> that will not interfere with their vision, hearing or free use of
<br /> their heir Rands or feet. I
<br /> s a t On �
<br /> and r waist trousers that cover : he entire leg are to be worn, If flare-Ieqq ed trousers are worn length Shirts with
<br /> must be tied to reverts catching. the trouser p t T hall
<br /> nq'. he employees should wear t r DOttonls
<br /> Su
<br /> boots (other than work boots), sandals, canvas-t sturdy and protective footear. Employees shall not rear
<br /> than normal. In addition, the Licensee shall require YShoes eo��rppOther Shoes that have think soles or heels that are higher
<br /> by Railroad rules, regulations or Railroad offialsovorloakingethettiormkaatptAe pp s;t+�t�he equipment as specified
<br /> protective equipment to be worn shall be: J particular, iM
<br /> IG (1) Protective head9qe"ar that meets American National Standar -
<br /> I. all hardhats be affixed with Licensee's or subcontractor's Company logo�or�nameest revision, It is suggested that
<br /> (2) Eye protection that meets American National Standard for occupational and educational eye and face
<br /> protection, 187.1-latest revision. Additional eys protection must be Provided to most S
<br /> such as welding, grinding. burning, etc.; and pacific job situations
<br /> (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be
<br /> occurring on the job site.
<br /> (c) All heavy equi pprr
<br /> devices. If in the opinion of the Ra11roaadd Represendtatty the ive anyiofnLicenseel1be s or aequipped
<br /> y of itswith
<br /> suapedontbracfo�ksup warning
<br /> is unsafe for use on the Railroad''s right-of-way, the Licensee, at the request of the Railroad Representative,
<br /> remove such equipment from the.Railroad's right-f_ay.
<br /> Section 9. INDEMNITY.
<br /> (a) As used in this Section, 'Railroad- includes other railroad companies using t
<br /> dof ear the location of the Licensee's installation and.their officers agents, and he Railroad's property at
<br /> ama claims, demands, actions. t auses of action g �ployees;:elaSS, includes loss,
<br /> Cour costs and attorneys' fees, trhich mazy result Irot�n: les, and expensdeath es of whatsoever!,nature, inc.ludinq
<br /> t. Railroad's officers, agents, and employees, the licensee's officers, agents, and emplpYees, as wet as(aRylofhe4 the
<br />! person); and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the
<br /> f roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody):
<br /> (b) As a major inducement and in consideration of the license and permission herein granted, the licensee
<br /> agrees to IhQemnlfy and held harmless the Railroad from any Ioss which is due to or ar1SeS from any cause end i5
<br /> 10associatedbserve in whole or in part with the work performed under this agreement, a breach of the r
<br />�. fa observe the health and safety provisions herein, or any activity or omission arising out 0� eement or the failure
<br /> nonperformance of this agreement; regardless of whether Caused solely or Contributed to in partpbby theles egligence or
<br /> 3: fault of the Railroad.
<br /> Section 10. RESTORATION OF PROPERTY,
<br /> In the event the Railroad authorizes the licensee to take down any fence of the
<br />{ move or disturb any of the other pProperty of the Railroad in connection with the work to be Railroad or in any manner
<br /> then in that event the licensee shall, as soon as poSsi.b18 and at Licensee's sole expense, restoresuchfence
<br /> other property to the sane condition as the sane were in before such fence was taken -suchdown or •other property was
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<br /> i' "Exhibit A
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