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05/26/03 TUE 11:45 FAX 510 64141 GEOMATRIX OAKLAND Q008
<br /> ROE 9203x6
<br /> form Approved,AVP-Law
<br /> telecommunications system on Railroad's property, and(2) any irrdury to or death of any person employed by
<br /> or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on
<br /> Railroad's property. Licensee shall not have or seek recourse against Railroad for any claim or cause of action
<br /> for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication
<br /> company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's
<br /> property.
<br /> Section 7- COMPLIANCE WITH LAWS.
<br /> In the prosecution of the work covered by this Agreement,the Licensee shall comply with all applicable
<br /> federal, state and local laws, regulations and enactments affecting the work. The Licensee shall use only such
<br /> methods as are consistent with safety,both as concerns the Licensee,the Licensee's agents and employees,the
<br /> officers, agents, employees and property of the Railroad and the public in general. The Licensee (without
<br /> g ( shout
<br /> limiting the generality of the;foregoing)shall comply with all applicable state and federal occupational safety
<br /> and health acts 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 laws,
<br /> regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or
<br /> charged'against the Railroad, the Licensee shall reimburse and indemnify the Railroad for any such fine,
<br /> penalty, cost or charge,including without limitation attorneys'fees, court costs and expenses, The Licensee
<br /> further agrees in the event of any such aeon, upon notice thereof being provided by the Railroad.,to defend
<br /> such action free of cost,charge,or expense to the Railroad.
<br /> Section S- SAFETY INSTRUCTIONS.
<br /> Safety of personnel, property, rail operations and the public is of paramount importance in the
<br /> prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall safety
<br /> measures to be observed by the Licensee(and not by way of limitation),the following special safety rules shall
<br /> be followed.
<br /> a. The Licensee shall keep the job site free from safety and health hazards and ensure that its
<br /> employees am competent and adequately trained in all safety and health aspects of the job. The Licensee shall
<br /> have proper first acid supplies available on the job site so that prompt first aid services can be provided to any
<br /> person that may be ir4ured on the job site. The Licensee shall promptly notify the 1tailroad of any U.B.
<br /> Occupational Safety and Health Administration reportable injuries occurring to any person that may arise
<br /> during the work 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 do not use,be
<br /> under the influence of, or have in their possession any alcoholic beverage or illegally obtained drug, narcotic
<br /> or other substance that may inhibit the safe performance of work by an employee.
<br /> b. The employees of the Licensee shall be suitably dressed to perform their duties safely and in a
<br /> manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length
<br /> shirts with sleeves and trousers that cover the entire leg are to be worn. If flare-legged trousers are worm,the
<br /> trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear.
<br /> Employees shall not wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have
<br /> thin soles or heels that are higher than normal. In addition, the Licensee shall require its employees to wear
<br /> personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooldmg the
<br /> work at the job site. In particular,the protective equipment to be warn shall be:
<br /> (1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is
<br /> suggested that all hardhats be affixed with Licensee's or subcontractor's company logo or name.
<br /> (2) Eye protection that meets American National Standard for occupational and educational eye
<br /> and face protection,Z87.i-latest revision. Additional eye protection must be provided to meet specific
<br /> job situations such as welding,grinding,burning,etc.;and
<br /> (3) Hearing protection which affords enough attenuation to give protection from noise levels
<br /> that will be occurring on the job site.
<br /> Page 2 of 3 Exhibit A
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