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'ROE 92'0316 Form Approved,AVP-Law telecommunications system on Railroad's property, and(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Licensee shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 7- COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement,the Licensee shall comply with all applicable federal, state and local laws,regulations and enactments affecting the work. The Licensee shall use only such methods as are consistent with safety,both as concerns the Licensee,the Licensee's agents and employees,the officers, agents, employees and property of the Railroad and the public in general. The Licensee (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Licensee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Licensee shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorneys'fees, court costs and expenses. The Licensee further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost,charge,or expense to the Railroad. Section 8- SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Licensee(and not by way of limitation),the following special safety rules shall be followed: a. The Licensee shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. The Licensee shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Licensee shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Licensee shall have a non-delegable duty to control its employees,while they are on the job site or any other property of the Railroad to be certain they do not use,be under the influence of, or have in their possession any alcoholic beverage or illegally obtained drug,narcotic or other substance that may inhibit the safe performance of work by an employee. 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 other 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.i-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. Page 2 of 3 Exhibit A