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'form App•,.re0, AVP-lawAA
<br /> r
<br /> nerar,t ) Shall c
<br /> and + u•a��onShe foregoing amply witA all .applicable t t 'I
<br /> 4 eq All Federal Railroad s e e and federal occupational safes
<br /> Rai lroda's Property. If any failure by he Licensee 10 CWVI with shall be followed when S Yand health acts
<br /> result ;r any fine rhe arrPly with al taco l cork i Performed on the
<br /> Shall re'niburse and penalty,
<br /> COS' Or chdad for any SSSOSSed, + Y �' r�utationso and enacr+nents, tr�ell
<br /> r fine ^posed or charged agains the Railroad, the licensee
<br /> at roof e fees, court coifs and expenses. TM licensee furih rragreescinttM erentg0f ancludih
<br /> thereof being provided by iM Railroad to Defend Such action fro* of cost char ng r+tflpUt l+m+fa+ion
<br /> i , charge, Or expsnse to the Railrooad�r,cr
<br /> Section 8. SAFE Ty iNSTR#,ICTIONS.
<br /> JF of the rorkafety of personnel,. property, rail operations and the
<br /> by the Licensee
<br /> to this agreamient. As reinforcement Public is of paramount impar"lance in ttk prOSecution
<br /> (and not DY ray of limitation), the follow. in furtherance of over safety measures to be eculion
<br /> ng special Safety rules shall be followed;
<br /> (a) the licensee' shall keep the job Site free from safety
<br /> are competent aria adeRuarely trained +n all safety and health as and health hazards and ensure that its errployfes
<br /> first and Supplies available on the job site So that DectS of the job. The ticen
<br /> be in ured on the job prompt first aid sere+tet can De roridesQ to and Mve Droper
<br /> Hearth Adrninistratlon reporiab a injuries shall
<br /> toanyperson a Ra of an Darton tihat �y
<br /> pr�D Y not i f the y #f.�. Occupational oma
<br /> Site. Mein ;hall bare anon-Qat may arise during the work p rfOSafety and
<br /> other property of the Rai lro&d �D1e duty t0 Control its efiptOyeea chile they are pa the mad on the job
<br /> Ltiad 10 De terTalfi they d0 not USe, be under the Influence Of Or Job Site or any '
<br /> any alcoholic beverage or itUS*,obtained drug, narcotic or other substance. have in their .
<br /> ' possession
<br /> that will (b) The employees of the licensee shall be Suitably
<br /> not interfere w+th, their vision, heari dressed t0 perform their duties'.sefef
<br /> sleeves and trousers that cover the entira leg are o beeworn� ojft their or feet.
<br /> worn, the tth shin Dor Mr
<br /> y and in
<br /> must be tied to prevent catching. Tha y waist length shirts with
<br /> boots (other than ^9• If should wear Sturdy and ams
<br /> cork boots), sandals, canvas-type Y protective live footwear. Efiployees Shell not rear
<br /> than nornel l. In addition. the licensee sha i I ra�uere�i its aan�rrpp�ayeesste wear per have
<br /> thin Solos by Railroad rules, regulations or Railroad officials Over the personal heels that are higher
<br /> protective DrOtectiwe=equipment as sped led i
<br /> equipment o be worn shatI be: ng work at the job site. In we,,
<br /> the
<br /> (1) Protective head der that meets American National Standard-199.(_latest revi ! ' i
<br /> all hardhats be affixed 'with licensee's or Subcontractor's company logo or name. sion, It is suggested that
<br /> (ti Eye protoction{that moots American National Standard for Occupational {
<br /> Drotetrian, 187.1-lateSt.°revision. Additional eye protection must De and eduCatiorlal eye and face
<br /> Such as welding, grinding, burning, eic.; and provided to meet Specific job 3) situations i
<br /> ( lteari 'i. i
<br /> occur( ng protection which affords enough attenuation to give protection from r10iSe' t.drelS that will De
<br /> ng on the job Site.
<br /> (c) All heavy,equipment provided or leased b t
<br /> devices. If in the pr the licensee steal! be equipped with audible back-up warning
<br /> opinion of the Railroad Representative any of licensee's or any of its subcontractor's aqui nt..
<br /> �s unsafe for use on the Railroad's right-of-+ray. the licensee, at the request of the Ra,lroad`Representat,eq mil
<br /> ►move such equipment frcrtr the;Rai Iroad's right-of�ray, .
<br /> Section 9. IND�ITY.
<br /> i
<br /> Of near th(a) As
<br /> si used
<br /> in thlscS sesos'instaiia�on+and their other
<br /> o r rails ad nts ii
<br /> darns agents,
<br /> and
<br /> using the Railroad's property at
<br /> claims, dwandS, act+'Oris, causes Of action ge , and employees; 'loss' includes loss,
<br /> Cour?!j claims,
<br /> and attorneys, f penalties COsts, and expenses of whatsoever nature, includi
<br /> Y lei. which m>ly result �r0)1!: {a) rfijufy t0 er death Of nq
<br /> Rai #road•s officers, agents, and employm the ticensee's officers. agents and Persons whOMSOever (including foe
<br /> person); and (b) damage to or loss or destruction Of property whatsoever (s,aridr'ng L;cenSee's f
<br /> Ra �lOyees,.as w to as any other
<br /> roadbed, tracks, equipment, or other rt of the ilroad or property. damage to the
<br /> �O� Y property +n its care.or custody).
<br /> tb) As a major inducement and in consideration of the license and 'i
<br /> agrees to indemnify ar►d hold harmless the Rails Permission hereon granted, the licensee
<br /> associated in whole or in Railroad from any loss which is due to or arises from any cause and is
<br /> to observe the health and safety pr the work performed ions heunder this agreement, a breach Of the r
<br /> nOnDerfOr�nCe Of thiS agreement; regardless ofejn, or whetherany causedrsolely or cor ontri�bute0+to rn � int nc the failure
<br /> fault Of the Railroad. y fig Out Of performelnce Or ,
<br /> i part by;the negligence or
<br /> Section 10. RESTORATION OF P1ROPi1iTy.
<br /> In the event the Railroad authorizes the Licensee to take down any fence of the Rails
<br /> Rwe or disturb any of the other,;Dprro rt of the Railroad in connection with the work to be Railroad Or in any manner
<br /> then in that event the licensee shall, as soon as possible and at licensee's sate o n performed by licensee,
<br /> other property to the same condition as the same were in before such fence vas taken era'�esuelieesuc fence and F
<br /> Property was
<br /> Exhibit A `
<br /> 0703n2 of 3
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