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ROE 880102 "
<br /> berm Approved, AVP=law
<br /> R
<br /> EXHIBIT A
<br /> Section 1 . 40110E OF COMMENCEMENT OF WORK - FLAGGING.
<br /> The licensee agrees to notify the Railroad Representative at least 48 hours in advance of Licensee
<br /> commencing its work and at least 24 hours in advance of proposed performltnce of any work by the Licensee in which any
<br /> person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment
<br /> extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such
<br /> notice, the Railroad Representative will determine and inform the licensee whether a flagman n'ee4 be present and
<br /> whether the licensee need implement any special protective or safety measures. If any f agmen' or other special
<br /> protective or safety measures areperformed by the Railroad, such services will be ovided atJLicensee's expense with
<br /> the understanding that if the Railroad provides any flagging or other services the Licensee shall not be relieved of
<br /> any of its responsibilities or liabilities set forth herein.
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<br /> Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
<br /> (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of
<br /> the Railroad to use and maintain its entire property including the right and power of the Railroad to construct
<br /> rtaintain, repair, renew, use, operate, change, moth y Or relocate railroad tracks, roadways, si; nal, comnunicat+on,
<br /> fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or a(l parts of its
<br /> property, all or any of which may be freely done at any time or times Dy the Railroad without liability to the
<br /> Licensee or to any other party for compensation or damages.
<br /> (b) The foregoing grant is also subject to all outstanding superior rights (includingg thos' e in favor of
<br /> licensees and lessees of the Ra 0 road's property, and others) and the right of the Railroad to renew and. extend the
<br /> same, and is made without covenaii nt of title or for quiet enjoyment.
<br /> Section 3. NO INTERFERENCE WITH RAILROAD'S OPERATION.
<br /> No work performed by O censee shall cause any interference with the constant, continuous and uninterrupted
<br /> use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically
<br /> permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall
<br /> be done or suffered to be done by the licensee at any time that would in any manner impair the safety thereof. When
<br /> not in use, licensee's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's
<br /> nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings.
<br /> Section 4. PERMITS.
<br /> Prior to beginning anyiiwork, the licensee, at its sole expense, shall obtain all necessary permits to
<br /> perform any work contemplated by this agreement.
<br /> Section S. MECHANIC'S LIENS.
<br /> The Licensee shall pay:in full all persons who perform labor or provide materials for -the work to be
<br /> performed by Licensee. The licensee shall not permit or suffer any mechanic's or materialmen's 0 iens of any kind or
<br /> nature to be enforced against any property of the Railroad for any such work performed. The Licensee shall indemnify
<br /> and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever
<br /> nature in any way connected with -or growing out of such work done, labor performed, or materia45' furnished.
<br /> Section 6. FIBER OPTIC CABLE SYSTEMS.
<br /> If fiber optic cable is'buried anywhere on the Railroad premises to be used by licensee, the licensee ,rili
<br /> telephone the telecormx nications cwW ny(ies) involved, arrange for a cable locator and make arrangements for
<br /> relocation or other protection of.lthe fiber optic cable prior to beginning an work on Railroad' premi5es. In
<br /> addition to the liability terms elsewhere in this Agreement, the licensee shalRailroad's Promises.indemnify and hoed the Railroad
<br /> harmless against and from all cosh liability and expense whatsoever (including, without limitation, attorney's tees
<br /> and court costs and expenses) arising out of or in any way contributed 10 by any act or omissionliof the Licensee, its
<br /> SubtOntrattOr, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or
<br /> destruction of any telecommu .Cations system by the Licensee and/or its Subcontractor, agents anb/or employees, on
<br /> Railroad's property, (2) any injury to or death of any person employed by or on behalf of any tel'econmun�cati0ns
<br /> company and/or its contractor, agents and/or employees, on Railroad s property and/or i3) cause of acT,pn
<br /> for alleged toss of profits or revenue by, or loss of service by a customer or user of such tela,im orion
<br /> any t leo
<br /> canpany0es).
<br /> Section 7. COMPLIANCE WITH LAWS.
<br /> In the prosecution of the work covered by this agreement, the licensee shall cartpiy with all applicat
<br /> federal, state and local laws, regulations and enactments affecting the work. The licensee shall use only sur -,e•,xs
<br /> as are consistent with safety, both as concerns the licensee, the Licensee's agents and employees;` the officers,
<br /> agents, employees and property of the Railroad and the public in general. the Licensee (without limiting the
<br /> Exhibit A
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