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ERM-West, Inc. - 3 - 310-1 - 54 and liabilities of every kind (including reasonable attorneys' fees, court costs, and other expense related thereto) arising out of or in connection with any work done, action taken or permitted by ERM, its subcontractors, agents, or employees under this contract or arising out of ERM's failure to comply with the terms of this contract including, without limitation, the preceding paragraph. It is the express intention of the parties her both ERM and Railroad, that the indemnity provided for in this paragraph indemnifies Railroad for its own negligence, whether that negligence is active or passive, or is the sole or a concurring cause of the injury, death or damage; provided that said indemnity shall not protect Railroad from liability for death, injury or damage, arising solely out of the criminal actions of Railroad, its officers, agents, and employees. The term Railroad as used in this paragraph shall include the assigns and affiliated companies of Railroad and any other-'railroad company operating on Railroad's tracks. Permission herein given shall be effective only if accepted within one month from the date hereof and, if so accepted, shall be effective for a period of one (1) year thereafter. ERM agrees to notify Railroad's Regional Offices by letter on facsimile No. (213) 780-6959 at least five days prior to commencing any work on the premises of Railroad pursuant to this permission. If the above terms and conditions are agreeable, please sign the enclosed duplicate original of this letter and forward same to Mr. J. W. Ivanusich, Attn: Mr. Les Hand, Southern Pacific Transportation Company, 1200 Corporate Center Drive, Monterey Park, CA 91754. After the notice provided for above, you may exercise permission herein given. Yours very truly, AGREED TO AND ACCEPTED THIS /j)A DAY OF DECEr1BHQ, 1990. w; ► ERM-WEST, INC. By (Title) Y2,NciPA � i Attachment 0AWIC). J• 14"VR << H-S