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ROE 426316 Fors Approved,AVP-Lasa b. The employees of the Licensee shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear. Employees shall not wear boots(other than work boots), sandals,canvas-type shoes or ether shoes that have thin soles or heels that are higher than normal. In addition, the Licensee shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site. In particular,the protective equipment to be warn shall be: (1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is suggested that all hardhats be affixed with Licensee's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding,grinding,burning, etc.;and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c. All heavy equipment provided or leased by the Licensee shall be equipped with audible back- up warning devices. If in the opinion of the Railroad Representative any of Licensee's or any of its subcontractors' equipment is unsafe for use on the Railroad's right-of-way, the Licensee, at the request of the Railroad Representative,shall remove such equipment from the Railroad's right-of-way. Section 9- INDEMNITY. a. Licensee agrees to indemnify,defend,and hold Railroad harmless from and against any clai>Ins, loss,proceedings,damages, causes of action, liability, costs,and expense(including reasonable attorneys' fees)arising from or in connection with or caused by(i)any act, omission or negligence of Licensee or its contractors, invitees, agents or employees related to the work performed on the Property, or(ii) tl any accident, injury, death or damage to any person or property oecnrring in,on or about the Property, or any part thereof, arising from or in connection with Licensee or its contractors, invitees, agents or em ployees' use of or presence on the Property. b. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit against either party pursuant to any such Act(s), be relied upon or used by either party in any attempt to assert common law liability against the other- Section 10- RESTORATION OF PROPERTY. In the event the Railroad authorizes the Licensee to lake down any fend ofthe Railroad or in any maturer move or disturb any of the other property of the Railroad in connection with the work to be performed by Licensee, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify Exhibit B