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RUE 920316
<br /> Form Approved,AVP-Law
<br /> Section 6- FIBER OPTIC CABLE SYSTEMS.
<br /> In addition to other indemnity provisions in this Agreement, the Licensee shall
<br /> indemnify and hold the Railroad harmless from and against all costs, liability and expense
<br /> whatsoever(including,without limitation,attorneys'fees,court costs and expenses) arising out
<br /> of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or
<br /> contributes to(1)any damage to or destruction of any telecommunications system on Railroad's
<br /> property, and (2) any injury to or death of any person employed by or on behalf of any
<br /> telecommunications company, and/or its contractor, agents and/or employees, on Railroad's
<br /> property. Licensee shall not have or seek recourse against Railroad for any claim or cause of
<br /> action for alleged loss of profits or revenue or loss of service or other consequential damage to a
<br /> telecommunication company using Railroad's property or a customer or user of services of the
<br /> fiber optic cable on Railroad's property.
<br /> Section 7- COMPLIANCE WITH LAWS.
<br /> In the prosecution of the work covered by this Agreement, the Licensee shall comply
<br /> with all applicable federal, state and local laws, regulations and enactments affecting the work.
<br /> The Licensee shall use only such methods as are consistent with safety, both as concerns the
<br /> Licensee, the Licensee's agents and employees, the officers, agents, employees and property of
<br /> the Railroad and the public in general. The Licensee (without limiting the generality of the
<br /> foregoing)shall comply with all applicable state and federal occupational safety and health acts
<br /> and regulations. All Federal Railroad Administration regulations shall be followed when work
<br /> is performed on the Railroad's property. If any failure by the Licensee to comply with any such
<br /> laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being
<br /> assessed,imposed or charged against the Railroad,the Licensee shall reimburse and indemnify
<br /> the Railroad for any such fine, penalty, cost or charge, including without limitation attorneys'
<br /> fees, court costs and expenses. The Licensee further agrees in the event of any such action,
<br /> upon notice thereof being provided by the Railroad, to defend such action free of cost, charge,
<br /> or expense to the Railroad.
<br /> Section 8- SAFETY INSTRUCTIONS.
<br /> Safety of personnel,property,rail operations and the public is of paramount importance
<br /> in the prosecution of the work pursuant to this Agreement. As reinforcement and in
<br /> furtherance of overall safety measures to be observed by the Licensee (and not by way of
<br /> 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
<br /> that its employees are competent and adequately trained in all safety and health aspects of the
<br /> job. The Licensee shall have proper first aid supplies available on the job site so that prompt
<br /> first aid services can be provided to any person that may be injured on the job site. The
<br /> Licensee shall promptly notify the Railroad of any U.S. Occupational Safety and Health
<br /> Administration reportable injuries occurring to any person that may arise during the work
<br /> performed on the job site. The Licensee shall have a non-delegable duty to control its
<br /> employees,while they are on the job site or any other property of the Railroad to be certain they
<br /> do not use, be under the influence of, or have in their possession any alcoholic beverage or
<br /> illegally obtained drug, narcotic or other substance that may inhibit the safe performance of
<br /> work by an employee.
<br /> b. The employees of the Licensee shall be suitably dressed to perform their duties
<br /> safely and in a manner that will not interfere with their vision, hearing or free use of their
<br /> hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to
<br /> be worn. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent
<br /> catching. The employees should wear sturdy and protective footwear. Employees shall not
<br /> wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have thin
<br /> soles or heels that are higher than normal. In addition,the Licensee shall require its employees
<br /> to wear personal protective equipment as specified by Railroad rules, regulations or Railroad
<br /> Exhibit A
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