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w.)E 920316
<br /> Form Approved,AVP-Law
<br /> officials overlooking the work at the job site. In particular,the protective equipment to be warn
<br /> shall be:
<br /> (1) Protective head gear that meets American National Standard-Z89.i-latest
<br /> revision. It is suggested that all hardhats be affixed with Licensee's or subcontractor's
<br /> company logo or name.
<br /> (2) Eye protection that meets American National Standard for occupational and
<br /> educational eye and face protection, Z87-1-latest revision. Additional eye protection
<br /> must be provided to meet specific job situations such as welding, grinding,burning,etc.;
<br /> and
<br /> (g) Hearing protection which affords enough attenuation to give protection from
<br /> noise levels that will be occurring on the job site.
<br /> c. All heavy equipment provided or leased by the Licensee shall be equipped with
<br /> audible back-up warning devices. If in the opinion of the Railroad Representative any of
<br /> Licensee's or any of its subcontractors' equipment is unsafe for use on the Railroad's right-of-
<br /> way, the Licensee, at the request of the Railroad Representative, shall remove such equipment
<br /> from the Railroad's right-of-way.
<br /> Section 9- INDEMNITY.
<br /> a. As used in this Section, "Railroad" includes other railroad companies using the
<br /> Railroad's property at or near the location of the Licensee's installation and their officers,
<br /> agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of
<br /> action,penalties,costs,and expenses of whatsoever nature,including court costs and attorneys'
<br /> fees, which may result from: (i) injury to or death of persons whomsoever (including the
<br /> Railroad's officers, agents, and employees, the Licensee's officers, agents, and employees, as
<br /> well as any other person); and (ii) damage to or loss or destruction of property whatsoever
<br /> (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of
<br /> the Railroad, or property in its care or custody).
<br /> b. As a major inducement and in consideration of the license and permission herein
<br /> granted,the Licensee agrees to indemnify and hold harmless the Railroad from any Loss which
<br /> is due to or arises from any cause and is associated in whole or in part with the work performed
<br /> under this Agreement, a breach of the Agreement or the failure to observe the health and safety
<br /> provisions herein, 1 or any activity or omission arising out of performance or nonperformance
<br /> of this Agreement; regardless of whether caused solely or contributed to in part by the
<br /> negligence or fault of the Railroad.
<br /> c. Any liability of either party hereunder to one of its employees under any Workers'
<br /> Compensation Act or the Federal Employers'Liability Act shall not be questioned or in any way
<br /> challenged by the other party, nor shall any jury or court findings, resulting from any
<br /> employee's suit against either party pursuant to any such Act(s), be relied upon or used by
<br /> either party in any attempt to assert common law liability against the other.
<br /> Section io- RESTORATION OF PROPERTY.
<br /> In the event the Railroad authorizes the Licensee to take down any fence of the Railroad
<br /> or in any manner move or disturb any of the other property of the Railroad in connection with
<br /> the work to be performed by Licensee, then in that event the Licensee shall, as soon as possible
<br /> and at Licensee's sole expense, restore such fence and other property to the same condition as
<br /> the same were in before such fence was taken down or such other property was moved or
<br /> disturbed, and the Licensee shall indemnify and hold harmless the Railroad,its officers, agents
<br /> and employees, against and from any and all liability, loss, damages, claims, demands, costs
<br /> and expenses of whatsoever nature, arising from the taking down of any fence or the moving or
<br /> disturbance of any other property of the Railroad.
<br /> Exhibit A
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